275 Mass. 283 | Mass. | 1931
Satija Dzura and her husband, Stanislaw Dzura, were riding as guests of the defendant in his automobile, when, in attempting to pass to the left of a taxicab
' The evidence, taken most strongly for the plaintiff, would justify the following findings: The defendant, familiar with the locality, approaching a point on the State road in Sturbridge where driveways to the Elms Hotel and to the post office entered the road from his left, and following Benevuti’s automobile, was driving at the rate of thirty-five miles per hour. Benevuti, desiring to stop at the post office, slowed somewhat, put out his hand to indicate a left turn, and drove to his left to enter the driveway. He saw in the mirror before him the defendant’s car approaching rapidly, with no apparent slackening of speed. He crossed in front of it, immediately heard a crash, and stopped. The defendant, disregarding or not seeing the outstretched hand, put on additional speed to pass to the left of Benevuti; and, finding him crossing in front, swung more to the left, ran upon street car tracks at the side of the road, put on his brakes, skidded and brought up against a tree. Whether he blew a horn to warn Benevuti of his intention to pass was disputable. For the purpose of deciding whether to direct a verdict, the trial judge was bound to assume that he did not. We find nothing in the cases cited by the defendant which required the trial judge to direct verdicts for the defendant on the ground that, as matter of law, the evidence was insufficient to support a finding of gross neg
Three exceptions may be disposed of together. They relate to the admission and use of evidence that the defendant was familiar with the requirements of the statute, G. L. c. 90, § 24, as it then stood relating to the operation of a motor vehicle so as to endanger the lives and safety of the public. He testified, against exception, that he was familiar with the statute and that he had pleaded guilty to a charge of violating it in connection with this accident. No record was introduced. No insistence was made on the form of the questions or the absence of the record. The judge rightly instructed the jury that, as the law stood at the time, no question of negligence was raised in a prosecution
On another ground the admission of guilt was admissible. A violation of a statute is some evidence of negligence under our decisions. Milbury v. Turner Center System, 274 Mass. 358, 361. What weight to .give it is for the jury under proper instructions such as were here given. The contention that the admission of such evidence is error because it subjects a defendant to double punishment, once, in the penalty imposed in the criminal proceeding, and again in the award of damages in the action for causing a death, is without merit. The offences are different, and, where this is true, penalties are not obnoxious to the principle forbidding double punishment. Commonwealth v. Crowley, 257 Mass. 590. Commonwealth v. Tenney, 97 Mass. 50. We, therefore, find no error in the admission of this evidence, in the refusal of the request or in the portion of the charge dealing with them.
The exception to the admission of a statement of Stan
Exceptions overruled.