[DOWNLOAD] "Richards v. Pass" by Supreme Judicial Court of Massachusetts ~ eBook PDF Kindle ePub Free
eBook details
- Title: Richards v. Pass
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 04, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
PIERCE, J. This is an action of tort, tried to a jury, to recover for the death of the plaintiff's son, a boy nine years of age, immediately following a collision between a small sled upon which the intestate was coasting and a stationary automobile which had been operated by the defendant shortly before the accident. At the close of all the evidence the presiding Judge allowed the defendant's motion for a directed verdict. The jury thereupon returned such a verdict, and the case is before this court on the plaintiff's exceptions to that direction and the action by the jury. The facts as they warrantably could have been found in support of the plaintiff's contentions are, in substance, as follows: The accident occurred on Atkins avenue, in the city of Lynn, at about noon on January 1, 1927. Atkins avenue begins at Verona street, is about eight hundred feet in length, has an upward grade, and is a public highway. On January 1, 1927, the roadway of the avenue was covered with 'two or three inches of ice,' with ruts in it. At the time of the accident, and before on the same day, there were sixty to eighty children sliding on this avenue. Immediately before the accident the intestate, lying flat on his stomach, with another boy kneeling on top of him, was steering the sled as it coasted down the hill. At the same time, and for twenty minutes before, the defendant's automobile stood, where it had been left by the defendant, on the left side of the avenue facing up the hill, with its outside wheel 'eleven feet from the gutter' and 'in a rut.' The sled steered as above described came down the hill very fast, got into the rut in which the defendant's automobile was, and followed the line of that rut as it passed under the automobile of the defendant with the result that the intestate's head came under and in contact with the right forward spring of the automobile with a violence that caused his immediate death.