[Download] "Mitchell v. Lonergan Et Al." by Supreme Judicial Court of Massachusetts ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Mitchell v. Lonergan Et Al.
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 15, 1934
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

RUGG, Chief Justice. This plaintiff received personal injuries while riding as the guest of one Connolly, the operator of
an automobile hired by him from the defendants in the course of their business of letting automobiles. There was evidence
tending to show that Connolly hired the automobile from the defendants under a contract in writing and himself drove it away
from the defendants' place of business; that a short time after driving it upon the highways, having occasion to stop, he
applied the brakes in the usual way and the automobile halted suddenly and threw him forward; that he then drove to the home
of the plaintiff and she accepted his invitation to ride, and that during the ride he put on the brakes again and they 'grabbed
on so quick' that the plaintiff was thrown 'forward out of the seat through the windshield' and injured. Experts testified
to the effect that the accident was caused by defective brakes in the automobile, or other possible causes which could have
been discovered by careful examination in the garage of the defendants prior to the letting to Connolly, and which could not
have occurred during the time the automobile was used on the way from the place of business of the defendants to the place
of the accident. At the close of the evidence the defendants requested a ruling that as matter of law the plaintiff was 'not entitled to recover
on the pleadings and all the evidence.' This request was denied and a finding was made for the plaintiff. The exceptions of
the defendants to that denial, bring the case here.

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