Winnick v. Saganov
Winnick v. Saganov
Opinion of the Court
This is an action of tort for property damage. The defendant is an employee of the United States Post Office Department and because this action arose out of his operation of a United States mail truck, the case was removed from the Municipal Court of the Dorchester District of the City of Boston, Massachusetts, to the United States District Court, pursuant to 28 U.S.C. § 1442.
I find that on February 25, 1960, the plaintiff David H. Winnick was the owner of a 1957 Oldsmobile “98” 4-door Sedan, and that at approximately 10:30 a. m. on said date plaintiff was in his automobile, which was properly parked at a parking meter in front of 249 Harvard Street, Brookline, Massachusetts. I find that all of the parking spaces adjacent to the curb on Harvard Street for a distance of several car-lengths in front of and behind plaintiff’s ear were occupied by properly parked vehicles. In addition to these properly parked vehicles I find that about one car-length in front of plaintiff’s car, a truck not otherwise involved in this case was double-parked, and that about one-half car length in the rear of plaintiff’s car another car was double-parked. I further find that the defendant Henry Saganov was engaged in delivering Parcel Post along Harvard Street that morning and that he made a delivery at No. 233 Harvard Street. After completion of this delivery I find that defendant proceeded to a position in front of No. 249 Harvard Street, at which was located a camera shop, the location of which was familiar to the defendant, and at which defendant intended to make his next delivery of Parcel
I find for the defendant, without costs.
Reference
- Full Case Name
- David H. WINNICK v. Henry SAGANOV
- Status
- Published