296 Mass. 439 | Mass. | 1937
The plaintiff sues for personal injuries sustained by him while endeavoring to stop an automobile which he had left parked by the curb, but which, as he contends, started again, owing to a defective brake, and was headed toward some children when his attention was called to it.
The plaintiff shortly before the accident had hired the automobile from the defendant under an “Automobile Rental Agreement” signed by the plaintiff wherein the plaintiff as lessee “admits and concedes that he has exam
It seems to us to have been the plain intent of this agreement to shift the entire burden of accident, in so far as not covered by insurance, to the plaintiff. In addition to the admissions that the automobile was in good condition when the plaintiff received it, there is an express agreement that in case of “injury to any person” the plaintiff will pay all damage not covered by the statutory insurance “which the lessor may pay as a result of said accident or injury to said person or persons.” This provision would require the
The agreement is not illegal on the ground that it protects the defendant from liability for its own negligence. New York Central Railroad v. William Culkeen & Sons Co. 249 Mass. 71. Clarke v. Ames, 267 Mass. 44. Cases turning upon the duty of common carriers are not in point.
Judgment for the defendant on the verdict.