[Download] "Cahalane v. Dennery (Two Cases)" by Supreme Judicial Court of Massachusetts ~ Book PDF Kindle ePub Free
eBook details
- Title: Cahalane v. Dennery (Two Cases)
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 29, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
CROSBY, Justice. The plaintiff in the first action seeks to recover for personal injuries sustained while she was a passenger in the automobile of the defendant. In the second action her father seeks to recover consequential damages. The answers in both cases contain a general denial, an allegation of contributory negligence, and a denial of agency. The last-named defence was waived at the trial. In each action the trial Judge allowed the defendant's motion for a directed verdict, and reported the cases to this court. If the direction of the verdicts was correct, judgments are to be entered for the defendant; if not, there should be a new trial. The verdicts were directed on the opening statement of counsel for the plaintiffs, in which was incorporated an auditor's report. A verdict may be so directed in a situation like the present where the case appears to have been fully stated by counsel. Mulvaney v. Worcester (Mass.) 199 N.E. 405, and cases cited. The question is whether, assuming all facts stated in the opening to be true, the plaintiffs were entitled to go to the jury. Murphy v. Boston & Maine Railroad, 216 Mass. 178, 179, 103 N.E. 291. It appears from the opening that Mary Cahalane (herein referred to as the plaintiff) was invited to ride home from work with the defendant. She rode in the back seat beside his sister-in-law. In consequence of an abrupt stop made by the defendant, the plaintiff was thrown over the front seat against the windshield and injured. The defendant was driving without glasses in violation of a restriction in his license. He had the brakes relined a short time before the accident and '* * * the brakes had been what might be termed grabbing or catching up too quick so that when you put the brake on it would either throw the car around or give it a toss. In other words the brakes were not in good repair or good working order.' The defendant was driving between thirty and thirty-five miles an hour in a thickly settled section, and was approaching a blind intersection. At the request of his sister-in-law in the back seat, he turned around and handed her a match. At the same time a car came out of the intersecting street. The defendant applied his brakes and the accident occurred. There is no statement in the record of any collision.