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eBook details

• Title: Rocha v. Alber
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 31, 1939
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

DOLAN, Justice. This action of tort to recover damages for the conscious suffering and death of the plaintiff's intestate was first heard by an auditor, who found for the defendant. Subsequently the case was tried to a jury, before whom the auditor's report was introduced in evidence. Further evidence was also presented. Each of the two counts in the declaration alleges ordinary negligence on the part of the defendant. At the close of the evidence the Judge allowed the defendant's motion for a directed verdict, subject to the plaintiff's exception. There was evidence tending to show the following facts: On the afternoon of February 12, 1934, the intestate, a girl eleven years of age, was coasting 'down hill' with two other children on Sprague Street, in the town of Dedham, on a sled known as a 'Flexible Flyer.' When they reached a point near the 'bottom of the hill,' the sled collided with the front of a motor vehicle, 'a large bus so called,' operated by the defendant and 'going in the opposite direction on Sprague Street on the right side, at a speed of about thirty miles per hour.' Immediately after the collision the intestate and one of the other children were under the front part of the vehicle, together with the sled which was 'tipped over.' The intestate was at that time 'yelling and hollering.' The defendant 'got out of the bus' immediately; looked at the intestate 'under the bus,' and, returning at once to the driver's seat, backed the 'bus' a distance of about seven feet. 'When the bus backed up' the cries of the intestate ceased.

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