314 Mass. 735 | Mass. | 1943
This is an action of tort for personal injury originally brought in the Superior Court by writ dated February 17, 1941. At the conclusion of the plaintiff’s
The case made by the plaintiff’s opening was, in substance, this: The plaintiff was employed by an express company in making deliveries. On October 25, 1940, he delivered some merchandise at a shop on Main Street in Worcester. A «motor truck of the defendant was backed to the curb of the sidewalk, with its motor shut off, while two men were endeavoring to load upon it a heavy show case that was being removed from the shop. One of these men, who “had charge of” the defendant’s truck, requested the plaintiff to give them “a lift,” saying that the two men were unable by themselves to place the show case upon the truck. Thereupon the two men raised the front end of the show case, while the plaintiff took his position at the other end to push the show case upon the truck when the front end should reach the level of the truck floor. But when the front end of the show case was raised to “a certain height,” the show case “was pushed back” so that the glass in it hit the plaintiff’s knee, and the glass broke and injured the plaintiff.
In a broad sense the cause of action stated in the opening did arise out of the operation of the motor truck, although the truck was not in motion at the moment of the injury. The purpose of the 1934 amendment to § 19 was to relieve the pressure of business in the Superior Court by removing from that court, in the first instance at least, a large class of cases. Blair v. Boston Elevated Railway, 310 Mass. 1, 3-4. Couto v. Trustees of New York, New Haven & Hartford Railroad, 312 Mass. 23, 24-25. In order to accomplish that purpose the words of the statute “arising out of the operation of a motor vehicle” have been construed broadly and inclusively rather than narrowly and exclusively. Long before the enactment of this amendment it had been held
After the ruling of the trial judge concurrent original jurisdiction over actions of tort arising out of the operation of a motor vehicle was restored to the Superior Court by St. 1943, c. 296. This amendment was by its terms to take effect on September 1, 1943, and was to apply only to actions commenced thereafter. But by St. 1943, c. 437, it was further provided that nothing in c. 218, § 19, shall “prevent the superior court from having jurisdiction of any action of tort arising out of the operation of a motor vehicle which has been or prior to September first of the current year shall be commenced in such court.” The last men
Exceptions overruled.