[DOWNLOAD] "Caverno v. Houghton" by Supreme Court of Minnesota " Book PDF Kindle ePub Free

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• Title: Caverno v. Houghton
• Author : Supreme Court of Minnesota
• Release Date : January 01, 1936
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

RUGG, Chief Justice. The plaintiff in this action of tort seeks to recover compensation for personal injuries received by her while riding as guest in an automobile owned and operated by the defendant. There are two counts in the declaration, one alleging gross negligence of the defendant, and the other alleging illegal registration of the automobile of the defendant. There was evidence in its aspect most favorable to the plaintiff tending to show these facts: The parties were teachers in the public schools in Gloucester and were friendly with each other. On a November afternoon in 1932 the plaintiff accepted the invitation of the defendant to ride with her in her automobile and entered it on the right side. It was a small type of motor vehicle. The defendant, when opposite the house in which she was living in Gloucester, made a sharp turn to the right into a driveway of a cemetery. In the center of the entrance to this driveway was a large tree with a space of ten feet on the easterly side of the tree to the curbstone on the outer edge of the driveway, and a space of eight feet on the westerly side of the tree to another curbstone. The defendant drove around this tree and in doing so ran over some projecting roots of the tree. She made the turn to drive out to the roadway but before the turn was quite completed the door on the right side of the automobile flew open and the plaintiff fell out and was injured. The speed of the automobile was about twenty-five miles an hour. There was no evidence of any existing defect in the door or of any failure of duty by the defendant with respect to it. The cause of the opening of the door is pure conjecture. The plaintiff, being a guest of the defendant, cannot recover without showing that her injuries were caused by the gross negligence of the defendant. There is no evidence warranting a finding of that nature. Bank v. Satran, 266 Mass. 253, 165 N.E. 117; Forman v. Prevoir, 266 Mass. 111, 164 N.E. 818; Burke v. Cook, 246 Mass. 518, 141 N.E. 585; Cook v. Cole, 273 Mass. 557, 174 N.E. 271; McKenna v. Smith, 275 Mass. 149, 175 N.E. 474; Desroches v. Holland, 285 Mass. 495, 189 N.E. 619; Adamian v. Messerlian (Mass.) 198 N.E. 166; Folan v. Price (Mass.) 199 N.E. 320. The case is distinguishable from cases like Learned v. Hawthorne, 269 Mass. 554, 169 N.E. 557; Meeney v. Doyle, 276 Mass. 218, 177 N.E. 6; Lefeave v. Ascher (Mass.) 198 N.E. 251, and Channon v. Lynch (Mass.) 198 N.E. 145.

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