Eaton v. S. S. Pierce Co.

• Decision Date: 15 November 1934
• Citation: 288 Mass. 323
• Parties: JULIA A. EATON v. S. S. PIERCE COMPANY.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

288 Mass. 323

JULIA A. EATON v. S. S. PIERCE COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

November 15, 1934

November 14, 1934.

Present: RUGG, C.

J., CROSBY, PIERCE DONAHUE, & LUMMUS, JJ.

Negligence, Motor vehicle.

At the trial of an action against the owner of a motor truck for personal injuries sustained by a child about four years of age when he was struck by the truck, there was evidence that the plaintiff was playing at the edge of a driveway in the yard of his father's house; that the defendant drove the truck, whose body was quite high and had a top, into the yard to deliver goods, and then saw the plaintiff; that upon returning to the truck after delivering the goods, he saw no one in the driveway; that he thereupon got into the truck and commenced to back out of the driveway without blowing his horn; and that after going a few feet he heard the plaintiff's screams. Held, that the evidence did not leave the manner in which the accident occurred a mere matter of conjecture; a finding was warranted that it resulted from negligence on the part of the defendant.

TORT. Writ in the Municipal Court of the City of Boston dated December 19 1931.

Upon removal to the Superior Court, the action was tried before Morton, J Material evidence is stated in the opinion. The judge denied a motion by the defendant that a verdict be ordered in its favor. There was a verdict for the plaintiff in the sum of $2,000. The defendant alleged an exception.

E. T. Doherty, for the defendant. R. B. Coulter, for the plaintiff.

RUGG, C.J. This is an action of tort to recover compensation for personal injuries alleged to have been sustained by the plaintiff as the result of negligent operation of an automobile owned by the defendant and operated by its agent. The plaintiff at the time of the accident was three years and nine months old, and was unable to testify. The accident occurred in the driveway beside the house where the plaintiff lived with her family. The uncontradicted evidence tended to show these facts: The house is set back from the street about forty-five to fifty feet. A dirt and gravel driveway runs from the street by the side of the house. A wire fence separates the driveway from the lawn of the adjoining premises. The accident happened about half past two on a September afternoon. The plaintiff was playing in the yard of her home as was her custom. She was a quiet, well behaved...