[Download] "Hoxie v. Bardwell. Same v. New England" by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free
eBook details
- Title: Hoxie v. Bardwell. Same v. New England
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 26, 1934
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
PIERCE, Justice. These are actions of tort against the operator and the owner, respectively, of a motor vehicle, for causing the death of the plaintiff's intestate. The cases were tried to a jury in the superior court. At the close of all the evidence the defendant moved and the Judge refused in each case to direct a verdict for the defendant. To these refusals the defendants duly excepted. The cases were submitted to the jury under full and appropriate instructions to which no exceptions were taken. The evidence warranted the jury in finding the following facts: On November 27, 1931, the day of the accident, the defendant Bardwell was an employee of the New England Telephone and Telegraph Company (hereafter called the company) and between 5 and 5:10 p. m. was operating a duly registered motor vehicle of said company, in the course of his employment, on the road between Williamsburg and Haydenville running in the direction of Northampton. On that day the sum set at 4:21 p. m. At the time of the collision with the intestate there was a fine snow falling. The windshield wiper of the truck was operating and wiped off the snow, but a film was left on the windshield and Bardwell did nothing to make it clear. The road was very icy and slippery. There was two inches of snow beside the travelled part of the road but only a 'flurry' on the travelled part. The intestate, Harold E. Mason, was riding a bicycle without lights, near the right of the road, in the same direction the automobile truck was proceeding. The lights of automobiles coming from the opposite direction several hundred feet away were visible. The headlights on the truck were on in an elevated position, throwing a beam nearly parallel with the road. Bardwell could have seen the road better with lights turned in a lower position toward the road. The first thing he noticed was snow being tossed up in the air from the rear wheel of the bicycle. He gave his truck a swerve to the left, saw the wheel of the bicycle about five feet ahead, but hit it before he saw the rider. As a result of pulling to the left he crossed to the left side of the road and traveled a distance of about one hundred fifteen feet, breaking off a square one hundred fifteen feet, breaking off a square against a telephone pole. The intestate and bicycle were carried on the front of the truck. The intestate received injuries from which he died without conscious suffering. The defendants admit negligence on the part of the driver of the truck.