Adams v. Swift

• Court: United States State Supreme Judicial Court of Massachusetts
• Writing for the Court: BARKER, J.
• Citation: 172 Mass. 521,52 N.E. 1068
• Parties: ADAMS v. SWIFT et al.
• Decision Date: 28 February 1899

172 Mass. 521

52 N.E. 1068

ADAMS
v.
SWIFT et al.

Supreme Judicial Court of Massachusetts, Bristol.

February 28, 1899

COUNSEL [172 Mass. 524]

[52 N.E. 1069] L. Le B. Holmes and A.B. Collins, for plaintiff.

Crapo, Clifford & Clifford, for defendants.

OPINION

BARKER, J.

The evidence justified a finding that the excursion was a joint undertaking, of which Caroline F. Swift, the mother of the young woman who was driving when the accident happened, was an equal promoter and manager, and not a mere guest; and that, under her control and direction, her daughter, so inexperienced a whip that it might be negligence to allow her to drive upon such an occasion, was driving, and driving carelessly. Therefore the case was for the jury. The evidence of admissions was for the jury, and the rulings were right. Exceptions overruled.