[DOWNLOAD] "Weida v. Macdougall (Two Cases)" by Supreme Judicial Court of Massachusetts ~ Book PDF Kindle ePub Free
eBook details
- Title: Weida v. Macdougall (Two Cases)
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 27, 1938
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
DOLAN, Justice. These are two actions of tort which were tried together to a jury. The first action is brought to recover
compensation for personal injuries sustained by the plaintiff on August 28, 1934, while riding in an automobile owned and
operated by the defendant. The second action is brought to recover consequential damages. The declaration in each case is
in two counts, the first alleging negligence, and the second, gross negligence and reckless and wanton conduct on the part
of the defendant in operating her automobile. At the close of the evidence the plaintiffs waived the second count of their
declarations. The Judge denied the defendant's motion for a directed verdict in each case. The jury returned a verdict for
the plaintiff in each case, but before the verdicts were recorded the Judge with the consent of the jury reserved leave to
enter verdicts for the defendant. Thereafter, upon motion of the defendant, the Judge entered a verdict for the defendant
in each action, subject to the plaintiff's exceptions. The plaintiff in the first action will hereinafter be referred to as
the plaintiff. No contention is made that the evidence would not warrant the jury in finding negligence on the part of the defendant in
operating her automobile at the time of the accident. The bill of exceptions recites that 'The issues involved * * * relate
to the status of the plaintiff in the defendant's automobile at the time of the collision.' The evidence pertinent to the
determination of that question, in its aspect most favorable to the plaintiff, would warrant the jury in finding the following
facts.
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