Jackson v. Queen
| Decision Date | 24 November 1926 |
| Citation | 154 N.E. 78,257 Mass. 515 |
| Parties | JACKSON v. QUEEN. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
OPINION TEXT STARTS HERE
Exceptions from Superior Court, Worcester County; W. D. Gray, Judge.
Action of tort by Samuel Jackson against J. D. Queen for personal injuries from being thrown from defendant's truck. Verdict for plaintiff, and defendant excepts. Exceptions overruled.
Automobiles k245(24, 87)-Plaintiff being lawfully on truck and not guest, question of his due care and driver's negligence held for jury (G. L. c. 106, s 32).
Plaintiff, as purchaser, being requested by defendant as seller of beverage to ride on truck to place of delivery being lawfully thereon and for defendant's pecuniary benefit in view of G. L. c. 106, s 32, and not a guest for gratuitous passenger questions of driver's negligence in rounding corner and whirling plaintiff off and of plaintiff's due care held for jury.
J. J. MacCarthy, of Worcester (J. F. McGrath, of Worcester, on the brief), for plaintiff.
C. C. Milton, of Worcester (S. B. Milton, of Worcester, on the brief), for defendant.
This is an action of tort for personal injuries suffered by the plaintiff from being thrown off a truck owned by the defendant and operated on a public way by the defendant's employee. The jury although finding specially that there was no proof of gross negligence, returned a verdict for the plaintiff, which must rest upon the ground that while in the exercise of ordinary care the plaintiff was injured through the carelessness of the driver. It is contended by the defendant that his motion for a directed verdict should have been granted because the plaintiff was negligent, and that the plaintiff and defendant were using the truck while engaged in a joint enterprise. The accident happened on Saturday, July 18, 1923. There was evidence that in the morning the truck was loaded with cases of tonic bought of the defendant which were to be transported to ‘Tech. Field’ in the city of Worcester, nearly three miles distant from the defendant's store, where the plaintiff on the day of purchase intended to sell at retail tonic and other articles of food and drink to children in attendance at a picnic. The plaintiff informed the defendant that ‘he wanted 50 cases of tonic right away.’ But the defendant while saying that he did not do business on Saturday, finally asked the plaintiff and the plaintiff's brother who was present if they would assist in loading the truck. The tonic, consisting of 35 cases, was loaded by the plaintiff, and his brother, and the defendant's son. The defendant directed the plaintiff who was to help...
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