(DOWNLOAD) "Hoxie v. Hall" by Supreme Judicial Court of Massachusetts * Book PDF Kindle ePub Free
eBook details
- Title: Hoxie v. Hall
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 30, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
LUMMUS, Justice. The plaintiff got a verdict, upon the first count for the conscious suffering of his intestate, and upon the second count under G.L.(Ter.Ed.) c. 229, § 5, for the death of his intestate, a pedestrian, who was run down by a motor truck operated by the defendant. The exceptions are all to the exclusion of evidence offered by the defendant. The defendant was travelling southerly from Boston to Raynham. As he approached a culvert on the right hand or westerly side of the road, where the plaintiff's intestate was working, the latter's automobile was parked on that side of the road, headed north towards Boston, just northerly of the culvert. The automobile was off the cement road, which was twenty feet wide, and wholly on the tar and gravel shoulder which was about seven feet wide. The plaintiff's intestate walked from the culvert to the rear of his automobile, and then turned and walked diagonally in a southeasterly direction to the edge of the cement road. The road was straight in both directions for a quarter of a mile. The plaintiff's intestate stopped at the edge of the cement road, looked north and then south, but according to some testimony did not go farther. A number of automobiles, in column, were passing, going south. While he was there, the truck operated by the defendant, which was the last in the column, struck him. But according to other evidence the plaintiff's intestate was continuing to walk into the cement road when he was struck, and was seen by the defendant too late to avoid collision.