275 Mass. 55 | Mass. | 1931
This is an action of tort to recover compensation for personal injuries received by the plaintiff, while driving an automobile at the rate of about ten miles an hour, through collision with an automobile negligently driven by the defendant. The trial judge found that the plaintiff had entered the area forming the intersection of two streets before the defendant reached it, and was therefore entitled to the right of way under G. L. c. 89, § 8, as amended by St. 1928, c. 357, § 4, and St. 1929, c. 147, § 1, and that the defendant thereafter entered that area, ran into the automobile driven by. the plaintiff and tipped it over. The due care of the plaintiff and the negligence of the defendant were thus established.
The sole defence argued rests on these facts: The automobile driven by the plaintiff was owned by her husband through purchase in 1924 and was thereafter registered in his name; in 1926 the motor was removed and a new motor installed, but the old motor number was continued in the registration of the automobile and was not changed to the number of the new motor until after the accident here in question. There was evidence tending to show that the owner of the car reads very little English and
The finding of the trial judge that the plaintiff was within the protection of said c. 187 cannot be pronounced erroneous. See McFeely v. Scott, 128 Mass. 16, 19.
Order dismissing report affirmed.