Broderick v. Lyons

• Decision Date: 06 February 1929
• Citation: 165 N.E. 11,266 Mass. 184
• Parties: BRODERICK v. LYONS.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

266 Mass. 184

165 N.E. 11

BRODERICK

v.LYONS.

Supreme Judicial Court of Massachusetts, Essex.

Feb. 6, 1929.

Exceptions from Superior Court, Essex County; Wilford D. Gray, Judge.

Action by Josephine Broderick against John Lyons. Verdict was directed for defendant, and plaintiff brings exceptions. Exceptions overruled.

Automobiles k181(6)-Bounce of automobile on road is not alone sufficient to show negligence of driver as to guest thrown against top.

Although bounce of automobile on road may be some evidence of negligence when considered with other elements, such as speed, failure to maintain proper lookout, or careless handling, it is not sufficient, standing alone, to show negligence of driver as to guest who was thrown upward against framework of top.

J. A. Donovan and D. J. Sullivan, both of Lawrence, for plaintiff.

H. R. Mayo, of Lynn, for defendant.

WAIT, J.

The plaintiff contends that there was error in the direction of verdicts for the defendant.

The material allegations of the first count of the declaration are that while a passenger by his invitation in an automobile owned and driven by the defendant, the plaintiff was injured in consequence of his gross negligence; and, of the second count, that the defendant requested the plaintiff to go with him to Boston to assist him in making preparation for the burial of a relative, and that, while going thither, in an automobile owned and driven by him, he managed the automobile so negligently that she was injured.

The only evidence to prove negligence of any kind was that at a place where the highway in Winchester was under repair, the defendant drove slowly along a roughened hollow in the way until, at the point where it was necessary to ascend to the usual level of the way, a sudden and severe jolt bounced the plaintiff, who was sitting in the rear seat, upward against the frame work of the top of the automobile. The speed of the car was increased somewhat as the front wheels came upon the regular macadam surface so that the rear wheels jounced. There were four passengers in the vehicle. There was no evidence that any one else was severely shaken. The plaintiff testified that ‘so far as driving along there was concerned it seemed all right; everything seemed all right until the bump came.’ Until the bump, ‘Mr. Lyons' driving had been careful and all right. * * * She had noticed the bump coming. * * * She could see ahead and see it, and she saw there was a bump there, but said nothing...