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eBook details

• Title: Conte v. Mizzoni
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 30, 1937
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

RUGG, Chief Justice. This is an action of tort to recover compensation for personal injuries sustained in August, 1935, by the plaintiff, then five years old, against the operator of a motor vehicle which struck the plaintiff on a public street. The case was referred to an auditor, whose findings of fact were not final, and then was tried to a jury. A witness called by the plaintiff testified that he was sitting in his automobile parked on the side of Prince street in Boston at No. 124, facing in the same direction as that in which the defendant was proceeding, and saw the accident; that the street was 'wide enough for three cars'; that there was no other vehicular traffic in either direction; that on the opposite side of the street was a vacant lot, used as a playground for children for many years; that it was a congested tenement, residential and thickly populated with children location'; that the plaintiff while 'running moderately across the street from the even numbered side to vacant lot from in front of the car in which the witness was seated' 'was struck by the right front bumper of the car' of the defendant; that as a result of the impact the child was thrown forward about fifteen feet and the automobile of the defendant continued forward about half that distance; that the weather was clear and the street dry; and that the estimated speed of the automobile of the defendant was between ten and twelve miles an hour. The mother of the plaintiff testified that the defendant told her that he was sorry that he struck the child, but that he did not see the child before she was struck; that the witness had two other small children whom because of illness she was nursing at the time. This was in substance all the evidence introduced by the plaintiff. The defendant offered no evidence other than the auditor's report. At the close of the evidence, on motion of the defendant a verdict was directed in his favor.

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