(DOWNLOAD) "Hall v. Shain" by Supreme Judicial Court of Massachusetts * Book PDF Kindle ePub Free
eBook details
- Title: Hall v. Shain
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 17, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
RUGG, Chief Justice. This is an action of tort to recover damages for the conscious suffering and death of the plaintiff's testator, hereafter called the deceased, alleged to have been caused by the negligence of the defendant in the operation of his automobile on Beacon street, near its intersection with Powell street, in Brookline. The case comes before this court on the exceptions by the defendant (1) to the denial of his motion for a directed verdict in his favor, (2) to certain portions of the charge and (3) to the admission of testimony. The case is somewhat unusual in that the defendant testified that he found the deceased lying in the roadway and that his motor vehicle was not connected in any way with the injuries of the deceased. No witness testified that he saw the deceased struck by a motor vehicle. There was ample testimony, which need not be narrated or summarized, to show that the injuries from which the deceased was suffering were consistent with his having been struck by a motor vehicle and that those injuries were an adequate cause for his death. Marlow v. Dike, 269 Mass. 38, 168 N.E. 154. There was evidence tending to show that on the evening of November 29, 1927, the defendant was driving west on Beacon street toward his home, that he was seen by a messenger boy named Yaitanes putting the deceased into his automobile, that the defendant asked help of Yaitanes, that the latter inquired whether the defendant hit the man and that the defendant replied in the affirmative. This admission was sufficient to justify a finding that the motor vehicle of the defendant struck the deceased. Leary v. Keith, 256 Mass. 157, 158, 152 N.E. 245. There was further evidence to the effect that the deceased left the home of the plaintiff at about 9:30 p. m. on the night in question; that shortly afterwards the deceased was picked up by the defendant nearby and taken to the MacLeod Hospital; that skid marks approximately thirty-five feet long were found leading diagonally from the intersection of Beacon and Powell streets to a point about five feet beyond the crosswalk; that the skid marks stopped directly in the rear of the defendant's motor vehicle as Yaitanes saw it on the night of the accident; that the defendant admitted that they were caused by his motor vehicle; that the body of the deceased was in the gutter just in front of the defendant's motor vehicle when he stopped; that when the motor vehicle of the defendant came to a stop it was facing diagonally to its left; that following the accident the broken pieces of the eyeglasses worn by the deceased were found just ahead of the end of the skid marks; that the speed of the motor vehicle driven by the defendant was thirty-five miles an hour; that the street was thirty-five or forty or possibly fifty feet wide at that point; that a nearby street light was lighted; that there was a clear view along Beacon street; that the headlights on the defendant's motor vehicle complied with the law and were lighted and would show fifty to seventy-five feet ahead or more; that the defendant said that he saw the deceased when he got to the crossing and that the defendant was very excited and nervous.
 "Hall v. Shain" by Supreme Judicial Court of Massachusetts * Book PDF Kindle ePub Free){kind=link}