Streeter v. Locke
| Decision Date | 28 October 1936 |
| Citation | 4 N.E.2d 297,295 Mass. 533 |
| Parties | STREETER v. LOCKE. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Exceptions from Superior Court, Worcester County; Donnelly, Judge.
Action of tort by Waldo Streeter against Vernon Locke for personal injuries received while riding as a passanger in an automobile operated by the defendant. Verdict was for the defendant. On plaintiff's exceptions.
Exceptions overruled.
C. W Proctor, of Worcester, for plaintiff.
D. F Gay, of Worcester, for defendant.
This is an action for personal injuries received by the plaintiff while riding as a passenger in an automobile operated by the defendant. The plaintiff's declaration contained three counts: The first alleged negligence, the second gross negligence, and the third willful and wanton misconduct on the part of the defendant.
The plaintiff testified that before the date of the accident he had told the defendant he was thinking about buying a second-hand automobile, and that the defendant told him he would like to sell him one. The plaintiff was an assessor of the town of Winchendon at the time of the accident, and the defendant, who was a taxpayer there, took him to Boston to obtain his assistance in an endeavor to secure an abatement of the defendant's tax, and also to demonstrate the automobile in the hope of selling it to him. After arriving in Boston they went to the tax commissioner's office. The defendant thereafter made some other calls. They then went to Waltham on some business of the defendant and, after supper there, left for Winchendon. The plaintiff testified that the accident occurred on Water Street, in Ashburnham, about 8:30 o'clock; that it was dark at the time; that the road apparently was straight and slightly downgrade and twenty to thirty feet wide; that at a quarter of a mile back from the place of the accident the automobile was traveling at a rate of thirty-five to forty miles an hour; that when about thirty feet from a pole toward which the automobile was headed, he hollered ‘ Look out,’ and ducked; that he thought the pole which was struck was about six feet from the edge of the road; that at that time there was no other traffic; that by the contract part of the pole was broken off and he was thrown toward the windshield; that the pole was ‘ probably sixteen or eighteen inches at the butt’ ; and that the speed of the automobile was not reduced so far as he could see.
The defendant, who was called by the plaintiff's counsel testified, in part, that he was an automobile salesman; that he had the plaintiff went to Boston in an automobile owned by the Fitchburg Motors, Inc.; that he took the plaintiff to Boston for ‘ demonstrating’ purposes, and to see a dealer in Boston, and also to stop at the State House; that he was to take the automobile down to demonstrate it to the dealer and was partially demonstrating it to the plaintiff; that ‘ to a certain extent the plaintiff accompanied him so that he could demonstrate the automobile to him’ ; and that ‘ he did accompany him for that purpose.’ He further testified that as they were coming back through Ashburnham they had an accident on Water Street; that before and at the time of the accident he was going from twenty-five to thirty miles an hour; that the road at that point was practically level and straight; that he met an automobile and at the time of the accident was about to pass it; that he could not state the distance...
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