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eBook details

• Title: Carvalho v. Oliveria (Two Cases)
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 29, 1940
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

QUA, Justice. These are actions for personal injuries sustained by the plaintiffs, who are husband and wife, while passengers in an automobile driven by the defendant at Swansea on or about September 2, 1935. The plaintiff in the first action is the brother in law of the defendant. The plaintiff in the second action is the sister of the defendant. The plaintiffs, the defendant, and the father and mother of the plaintiff Margaret Carvalho and of the defendant were all riding together in the automobile, which belonged to the father. The father was killed and the mother was injured. See Oliveria v. Oliveria, Mass., 25 N.E.2d 766, decided this day. In each case the only exception is to the denial of the defendant's motion that a verdict be directed in his favor. The declarations in the present actions are based upon gross negligence of the defendant. All parties take the position that in order to recover the plaintiffs were bound to show gross negligence on the part of the defendant. We therefore assume without further Discussion that the driving by the defendant was a purely voluntary undertaking on his part, and that in order to support the verdicts the record must disclose evidence of his gross negligence. Massaletti v. Fitzroy, 228 Mass. 487, 118 N.E. 168, L.R.A.1918C, 264, Ann.Cas.1918B, 1088; Ruel v. Langelier, Mass., 12 N.E.2d 735.

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