284 Mass. 308 | Mass. | 1933
“This is a joint bill of exceptions of Rose Button, the plaintiff in case number 47669 and Joseph M. Crowley, the defendant in case number 49559, — consolidated by agreemént of all parties in interest.” The actions are of tort, brought by the respective plaintiffs against the same defendant, and arise out of an automobile accident
The evidence in its aspect most favorable to the plaintiffs warranted the jury in finding the following facts: On the day previous to the accident Agnes E. Quigley, sister of the plaintiff Rose Button, hired the defendant to take her, Rose Button, and her son and his friend, in the defendant’s automobile to Fort Ethan Allen, Vermont, a distance of about two hundred fifty miles from Worcester, Massachusetts, and return. The above described persons left Worcester in an automobile owned and operated by the defendant at about 8:15 p.m. July 6, 1931, and arrived at the fort at about 5:15 a.m. July 7, 1931. At Fort Ethan Allen they left the boy and his friend and then, without considerable delay, the plaintiffs and the defendant started on their return toward Worcester by way of North Adams and down the Mohawk Trail until they arrived at the scene of the accident in said Charlemont. On the return journey the automobile was driven only by the
At the close of the evidence the jury answered the special questions submitted to them by the judge as follows: (1) “Was the machine being operated for hire? Answer; Yes”; (2) “Were Mrs. Quigley and Mrs. Button guests of the defendant? Answer; No”; (3) "Was Crowley negligent?
It is unnecessary to consider whether the fact that the plaintiffs were passengers for hire as distinguished from guest passengers would lessen their duty to perceive the defendant’s condition and adopt means to overcome it.
It follows that in the case of Rose Button v. Joseph M. Crowley the exceptions of the plaintiff must be sustained and
So ordered.