Hebert v. Massachusetts Bay Transportation Authority
Hebert v. Massachusetts Bay Transportation Authority
Opinion of the Court
This is an action of tort to recover damages for injuries sustained by the plaintiff when he was struck by a streetcar operated by the individual defendant. The case is before us on the plaintiffs exceptions to: (1) the allowance of the defendants’ motion for directed verdicts; (2) certain evidentiary rulings; and (3) the denial of the plaintiffs motion for a new trial.
From the evidence, viewed in the light most favorable to the plaintiff, it could be found that on the evening of November 24, 1967, the plaintiff parked his car on Beacon Street east of the Kent Street intersection, along the north
1. It is our opinion that the defendants’ motion for directed verdicts was properly allowed. Although a plaintiffs contributory negligence is rarely established as a matter of law (see Flaherty v. Massachusetts Bay Transp. Authy. 361 Mass. 853 [1972]; G. L. c. 231, § 85, as amended through St. 1952 c. 533, § l)
2. The evidentiary rulings were correct. The exclusion of a question put to the operator was proper, as the question was repetitive. See Ward v. Grout, 341 Mass. 725 (1960). The exclusion of certain of the corporate defendant’s company rules offered by the plaintiff was also proper, as it does not appear that any of the rules was applicable to the factual situation.
3. As the motions for directed verdicts were properly allowed, the plaintiffs motion for a new trial, which raised no new matters, was properly denied.
Exceptions overruled.
The course travelled by the plaintiff would have required him to look back over his right shoulder to see an approaching inbound streetcar.
The amendment of § 85 which was effected by St. 1969, c. 761, does not apply to this action.
Reference
- Full Case Name
- George T. Hebert v. Massachusetts Bay Transportation Authority & another
- Cited By
- 4 cases
- Status
- Published