261 Mass. 147 | Mass. | 1927
The plaintiffs were injured while riding in an automobile of the defendant, driven by his agent. The case was submitted to the jury on the count for gross negligence; they were instructed by the judge that the plaintiffs could recover only on the ground that the defendant was guilty of gross negligence; to this instruction the plaintiffs excepted. The jury found for the defendant.
The plaintiffs were sisters of the defendant’s wife and lived in the defendant’s house. On the day of the accident the defendant, his wife and son, and the plaintiffs, left Worcester for Central Falls, Rhode Island, in the defendant’s automobile. The plaintiffs contend that the defendant is hable for his negligence, even if he is not guilty of gross negligence, because, when the plaintiffs were invited by the defendant to ride to Central Falls, one of them said: “I don’t like to go on Sunday . . . because there is too much traffic”; to which
Exceptions overruled.