[Download] "Nicholas v. Lewis Furniture Co." by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free

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Title: Nicholas v. Lewis Furniture Co.
Author : Supreme Judicial Court of Massachusetts
Release Date : January 29, 1935
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 67 KB

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DONAHUE, Justice. The plaintiff recovered a verdict for injuries received when hit by an automobile truck owned by the defendant and driven by its employee. The case comes to this court on two bills of exceptions, one presenting exceptions taken at the trial in the superior court, and the other, exceptions to rulings made by the trial Judge at hearings on the defendant's motion for a new trial. 1. The plaintiff and his children were pushing a cart loaded with wood along a public street in Framingham on a winter's night. They were proceeding westerly close to the right hand side of the macadam surface of a street forty feet wide. The road was dry, free of ice and lighted by street lamps, in the vicinity of one of which the accident happened. The defendant's truck was travelling in the same direction with its headlights on. The driver testified that he saw nothing directly ahead of him in the street until just before the collision when he saw something, what it was he did not know, put on his brakes and turned to the left, but there was a collision. He also testified that his speed was about twenty-five miles an hour, that when about one hundred feet away from the locus of the accident his vision was blinded by the headlights of an automobile coming in the opposite direction and that when he turned suddenly to the left the truck skidded. On the facts as the jury were warranted in finding them a Conclusion that the defendant was negligent was justified. Since the defendant does not here contend that on the evidence submitted to the jury a verdict for the plaintiff was unwarranted, a fuller summary of the evidence is not necessary.