Lamb v. Russell

• Decision Date: 01 April 1936
• Parties: LAMB v. RUSSELL. BEULEY v. SAME. JONES v. SAME. WRIGHT v. SAME.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

294 Mass. 203

1 N.E.2d 39

LAMB v. RUSSELL.

BEULEY v. SAME.

JONES v. SAME.

WRIGHT v. SAME.

Supreme Judicial Court of Massachusetts, Middlesex.

April 1, 1936

Actions in tort by Margaret Lamb, by Dorothy Beuley, by Alice Jones, and by Evelyn F. Wright against Ray J. B. Russell. From an order by the Appellate Division of the Northern District dismissing a report by a justice who found for the defendant in each action as a matter of law, the plaintiffs appeal.

Order dismissing report affirmed.

Appeal from Appellate Division of District Court, Northern District Middlesex County; Allen, Judge.

F Juggins, of Boston, and G. M. Heathcote, of Watertown, for appellants.

R. J Dunn and J. F. Lawton, both of Boston, for appellee.

QUA Justice.

The plaintiffs were injured at about eleven o'clock on an October night while riding as the defendant's guests in an automobile driven by the defendant on Washington street in Newton, by reason of the sudden appearance of another automobile which came from the defendant's right into Washington street from Eddy street. It was agreed that ‘ the liability question was identical’ in all the actions. The sole issue is whether the judge rightly ruled that the evidence would not warrant a finding that the defendant was guilty of gross negligence.

The plaintiffs' case was this: Washington street is a main thoroughfare. There is a ‘ stop and enter’ sign on Eddy street for vehicles entering Washington street from Eddy street. There was no evidence that it was a blind corner. There was a curve in Washington street as the defendant came toward Eddy street. It was a frosty night. One of the plaintiffs warned the defendant about driving carefully before they entered the automobile. Some of the guests cautioned him just before the accident occurred. The defendant drove between forty and forty-five miles an hour. He did not slow down at intersecting streets, each of which had a ‘ stop and enter’ sign. As he got almost to the intersection with Eddy street he saw another automobile ‘ shoot out of Eddy street.’ It was in the area of intersection at that time. It did not slow down or stop at the intersection, but came out of Eddy street on the left-hand side of the center of the road as it was going. It was only a few feet away when the defendant saw it. The defendant turned his automobile ‘ sharp right to pass behind this car,’ coming close to the curb on Eddy street. His automobile tipped up on two wheels. To avoid turning over he swung ‘ sharp left’ to the farther side of Eddy street, Struck the curb, and ten feet beyond struck and bent an iron electric light pole. His automobile turned over on its right side. If he had not ‘ turned to the right to pass behind this car he would have...