319 Mass. 473 | Mass. | 1946
This bill in equity by the holder of an unsatisfied judgment in tort for personal injuries against the defendant Chipouras seeks to reach and apply the obligation of the defendant Massachusetts Bonding and Insurance Company under a policy of motor vehicle liability insurance issued to Chipouras. See G. L. (Ter. Ed.) c. 175, § 113, and c. 214, § 3 (10). The case was heard upon a statement of agreed facts, which meets the requirements of a cáse stated. G. L. (Ter. Ed.) c. 231, § 126. The bill was taken pro confessa against Chipouras. The insurance company appeals from a decree against it.
Chipouras was in the business of buying and selling second hand cardboard boxes. On August 19, 1942, his truck, registered in this Commonwealth, was parked close to and parallel with the curb in front of his place of business on Albany Street, Boston. The truck contained boxes, some of which held, or had on them, short lengths or loops of rope. Chipouras was removing the boxes through the rear opening of the truck and was placing them in stacks on the sidewalk, preliminary to bundling and carrying the stacks into his cellar. In so doing he negligently suffered some short lengths and loops of rope to drop off or out of the boxes onto the sidewalk. While Chipouras was thus engaged, the plaintiff, a pedestrian on the sidewalk, tripped on rope which had so dropped, and was hurt. None of the rope was physically attached to the truck. The motor vehicle liability policy was “in conformity with” G. L. (Ter. Ed.) c. 90, § 34A, as amended, and c. 175, § 113A, as amended. Such a policy is defined in § 34A, as amended, as “a policy of liability insurance which provides indemnity for or protection to the insured . . . against loss by reason of the liability to pay damages to others for bodily injuries . . . sustained ... by any person . . . [with exceptions not here material] arising out of the ownership, operation, maintenance, control or use upon the ways of the commonwealth of such motor vehicle.”
The question for determination is whether the plaintiff’s injuries fell within the terms of the policy. We are of opinion that the presence of the rope upon the sidewalk, even though
The final decree entered in the court below is reversed and a new decree is to be entered dismissing the bill with costs.
So ordered.