(Download) "Lynch v. Springfield Safe Deposit & Trust" by Supreme Judicial Court of Massachusetts * Book PDF Kindle ePub Free
eBook details
- Title: Lynch v. Springfield Safe Deposit & Trust
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 01, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
QUA, Justice. The plaintiffs, while riding as guests of one Gimbel, the defendant's intestate, in an automobile driven by him, were injured by a collision with a large truck which was proceeding in the same direction on the highway. The only question is whether there was any evidence of gross negligence on the part of Gimbel. There was evidence of the following tenor: At about 10:30 p. m. Gimbel invited the two plaintiffs and another girl to ride from Springfield to their home in Westfield. When they reached Tubbs Hill, so called, in West Springfield, going in a westerly direction, the Gimbel automobile ran into the rear of the truck, killing Gimbel and injuring the plaintiffs. The road was a two-lane cement road, straight and dry. The weather was clear. There was no eastbound traffic. The truck was on its right hand side of the road. The back of it was lighted with six lights. The accident happened about 10:40. The headlights of the Gimbel automobile were lighted. One of the plaintiffs testified that as the automobile neared the foot of Tubbs Hill she noticed a marked increase of speed; that there was a lighted vehicle about half way up the hill; that because of the speed she looked at Gimbel and saw his head and eyes straight ahead, his hands on the wheel and the wheel moving just enough to give it direction. Looking back to the road she noticed that they were close up to the vehicle and she shouted 'look out.' The Gimbel automobile was then about thirty yards from the truck and going at least fifty miles an hour. The other plaintiff testified that as far as she knew Gimbel was looking straight ahead; that she saw the truck when they were about twenty-five yards away; and that Gimbel's speed was at least thirty-five or forty miles an hour. The third passenger testified that Gimbel stepped on the gas as they started up the bill and that Gimbel was looking straight ahead.