(DOWNLOAD) "Mckenna v. Smith" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free
eBook details
- Title: Mckenna v. Smith
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 31, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
PIERCE, J. This is an action of tort brought by the plaintiff against the defendant to recover damages for injuries sustained by her in her person and to her property, which were caused, as alleged, by the grossly negligent manner in which the defendant drove his automobile on a public highway while the plaintiff was his guest. At the close of the evidence the defendant moved for a directed verdict in his favor; the motion was denied and the defendant's exceptions noted. All the material evidence so far as the question of liability is concerned is contained in the bill of exceptions. No exceptions are shown by the record to have been taken to the charge, and it is presumed to have been full and accurate. The jury found for the plaintiff. The reported evidence in its aspect most favorable to the plaintiff's contention warranted the jury in finding, in substance, the following facts: On or about July 28, 1925, the plaintiff, then at the home of the defendant, was invited by him to ride in his automobile with him, with his son and a lady, from Worcester, Massachusetts, to Nashua, New Hampshire, and return. They left Worcester, the defendant driving, at about a quarter of six on the morning of July 28, 1925, and arrived at Nashua at about 7 A. M. It had rained during the night and it was raining, dark and misty when they left Worcester. The roads over which they traveled were wet and slippery. Some time after they left Worcester the clouds commenced to break and it had cleared up when they arrived at Nashua. On the return journey the defendant drove the automobile on the State highway from Nashua to Tyngsborough, then turned onto an oiled, dirt and graveled road that ran through Dunstable and Pepperell. This road from Tyngsborough was from sixteen to twenty feet in width, was narrower than the State road, was crowned in the center, was winding, contained many uneven curves, went through a country partially wooded and partly farm land, and was very slippery because of the rain of the preceding night. The automobile as it went around the curves twisted and swerved. At a point about eight miles from Tyngsborough, on this country road, hereinafter called Pleasant Street, as one goes through the town of Dunstable in the direction of Pepperell there is an 'S combined' curve, which 'is about the worst curve on the road,' with a gradual ascent on the second curve; this ascent disappears around the bank at the right and the grade then drops abruptly. Before approaching Hollis Street, shown on the plan, there is a curve in the highway that runs to the left and a curve at Chapman's barn, shown on the exhibit, runs to the right. As shown on the plan there is a gradual ascent as one approaches the curve at the Chapman barn, and the summit of the grade as one goes towards Pepperell would be about opposite a barn on the right beyond the Chapman barn. At the point where the accident happened there is a wall which is broken at the foot of a bank before one reaches the curve.
 "Mckenna v. Smith" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free){kind=link}