324 Mass. 165 | Mass. | 1949
This action of tort in eight counts is brought by four plaintiffs to recover for personal injuries and property damage arising out of a collision on November 17, 1945, between an automobile owned by one of the plaintiffs and a truck owned by the defendant Railway Express Agency, Inc. (hereinafter called the defendant), and operated by the defendant Kenney. See G. L. (Ter. Ed.) c. 231, § 4A, as inserted by St. 1943, c. 350, § 1. The plaintiffs were Herman Feaver and his wife Marion, and their two daughters, Dorothy and Mary. Verdicts were returned on three of the counts in favor respectively of the plaintiffs Herman, Dorothy and Mary Feaver. On all of the other counts verdicts were returned for the defendants. The case comes here on the defendants’ exceptions to the judge’s denial of their motion for a directed verdict and to his action on various motions made after the trial.
The jury could have found the following facts: On Novem
1. The defendants’ motion for a directed verdict was rightly denied. The jury could have found that the truck was narked without lights in violation of law (G. L. [Ter. Ed.] c. 85, § 15; c. GO, § 7
2. As stated above, the declaration contained eight counts. Each of the plaintiffs declared on two counts. One of each pair of counts alleged negligence and the other alleged violation of law. On counts 5 and 6 relating to the plaintiff Marion Feaver (the operator of the automobile) the jury returned verdicts for the defendants. On the counts for negligence (1, 3, and 7) relating to the other plaintiffs the jury also returned verdicts for the defendants. But on the counts for violation of law (2, 4, and 8) they returned verdicts for these plaintiffs. The defendants filed a motion for a new trial
The motion for judgment was grounded on an alleged
Exceptions overruled.
Elsewhere in her testimony Mrs. Feaver stated that she was about three car lengths from the truck when she first observed it.
There was evidence that the accident occurred more than one half hour after sunset.
This motion asked that the verdicts in favor of the_ plaintiffs Herman, Dorothy and Mary Feaver be set aside and that a new trial be granted.