Massachusetts Supreme Judicial Court, 1927

Terlizzi v. Marsh

Massachusetts Supreme Judicial Court · Decided January 5, 1927 · Wait

258 Mass. 156; 154 N.E. 754

Cases that cite this one

15 later published cases cite this decision.

Shaw, Admr. v. Moore (Vt. 1932)
Rosenhoff v. Schaul (Ga. Ct. App. 1931)
Welts v. Caldwell (Mass. 1954)
Hanlon v. White Fuel Corp. (Mass. 1952)
Thomas v. Fritz (Mass. 1945)
Kilmain v. D'Urbano (Mass. 1938)
Byrne v. Daley (Mass. 1934)
Swistak v. Paradis (Mass. 1934)
Swengil v. Martin (Neb. 1933)
Cook v. Cole (Mass. 1931)
Parker v. Moody (Mass. 1931)
Balian v. Ogassin (Mass. 1931)
Bank v. Satran (Mass. 1929)
Smith v. Boston Elevated Railway Co. (Mass. 1929)
Rog v. Eltis (Mass. 1929)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Wait, J.

There was evidence from which the jury could find that the defendant invited a number of school children to ride upon his automobile, and encouraged and permitted *157the plaintiff, a little girl of seven and one half years, to stand upon the running board; that as he was turning his machine upon the rough roadway at an excessive speed, the plaintiff was thrown from the running board and injured. The terms of the invitation, the speed of the turn, the cause of the fall, were in controversy. Manifestly, the determination of the plaintiff’s care and of the defendant’s gross negligence were for the jury. The judge was right in refusing to direct a verdict for the defendant. The case is covered by the principles laid down in Massaletti v. Fitzroy, 228 Mass. 487. It is distinguishable from decisions like Marcienowski v. Sanders, 252 Mass. 65, and Burke v. Cook, 246 Mass. 518.

Exceptions overruled.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.