Forzley v. Bianchi

Sophie Forzley v. Ytalia Bianchi

Forzley v. Bianchi, 132 N.E. 620 (Mass. 1921)

Court: Massachusetts Supreme Judicial Court · State Highest Courts
Decided: October 29, 1921
Judges: Rugg
Citations: 132 N.E. 620240 Mass. 361921 Mass. LEXIS 1142

Cited by 6

Headnotes

Negligence, Motor vehicle, In use of highway. Agency, Existence of relation, Scope of employment. An exception, saved by the defendant in an action for personal injuries received when the plaintiff was run into by a motor truck of the defendant alleged to have been operated by an employee of the defendant, to a refusal of the trial judge to order a verdict for the defendant at the close of the evidence intro-, duced by the plaintiff, must be overruled where the evidence warranted findings that the plaintiff when struck was upon a public sidewalk and that the truck was being used on business of the defendant, was being driven by the defendant’s employee while in the performance of his work and was being driven negligently.

Summary

Tort for personal injuries received by the plaintiff when she was a traveller upon a sidewalk on Norfolk Street in Worcester on November 1, 1919, and was run into by a motor truck of the defendant alleged to have been driven by her employee. Writ dated November 15, 1919. In the Superior Court, the action was tried before Bishop, J. Material evidence is described in the opinion. At the close of the plaintiff's evidence, the defendant rested and moved that a verdict be ordered in her favor. The motion was denied. The jury found for the plaintiff in the sum of $5,600; and the defendant alleged exceptions. The case was submitted on briefs.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Rugg

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Rugg, C. J.

There was evidence reported in this record from which the facts might have been found to be that the plaintiff, *37 while walking on the sidewalk of a travelled way in the exercise of due care, was struck and severely injured by an automobile truck used by the defendant in her business, and being at the time driven negligently by a servant of the defendant while in the performance of his work for the defendant. It is not necessary to state this evidence in detail. There are no circumstances requiring a finding of justifiable cause for the servant of the defendant to drive the truck upon the sidewalk or against the plaintiff under the conditions then existing. No error of law is disclosed on this record. Powers v. Loring, 231 Mass. 458 . Burns v. Oliver Whyte Co. Inc. 231 Mass. 519 . Rasmussen v. Whipple, 211 Mass. 546 . Rogers v. Phillips, 206 Mass. 308 . Alpert v. Ellis, 236 Mass. 404 . Heywood v. Ogasapian, 224 Mass. 203 . Buckley v. Sutton, 231 Mass. 504 . Schlehuber v. American Express Co. 230 Mass. 347 . D’Addio v. Hinckley Rendering Co. 213 Mass. 465 .

Exceptions overruled.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →

State Highest Courts6

Relies on it most ⓘ

Fleming v. Hartrick131 S.E. 558 (W. Va. 1926)
Young v. Potter174 A. 387 (Me. 1934)
Lonergan v. American Railway Express Co.144 N.E. 756 (Mass. 1924)
Hirrel v. Lacey174 N.E. 679 (Mass. 1931)
Eshenwald v. Suffolk Brewing Co.241 Mass. 166 (1922)
Milliman v. Coulter17 N.E.2d 162 (Mass. 1938)

Most recent

Milliman v. Coulter17 N.E.2d 162 (Mass. 1938)
Young v. Potter174 A. 387 (Me. 1934)
Hirrel v. Lacey174 N.E. 679 (Mass. 1931)
Fleming v. Hartrick131 S.E. 558 (W. Va. 1926)
Lonergan v. American Railway Express Co.144 N.E. 756 (Mass. 1924)
Eshenwald v. Suffolk Brewing Co.241 Mass. 166 (1922)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 9

Depth	Case	Cited by
	D'Addio v. Hinckley Rendering Co., 100 N.E. 647 (Mass. 1913)	28
	Rasmussen v. Whipple, 98 N.E. 592 (Mass. 1912)	25
	Heywood v. Ogasapian, 224 Mass. 203 (1916)	21
	Rogers v. Phillips, 92 N.E. 327 (Mass. 1910)	16
	Powers v. Loring, 231 Mass. 458 (1918)	12
	Burns v. Oliver Whyte Co., 121 N.E. 401 (Mass. 1919)	11
	Alpert v. Ellis, 236 Mass. 404 (1920)	6
	Schlehuber v. Am. Express Co., 119 N.E. 828 (Mass. 1918)	5
	Buckley v. Sutton, 121 N.E. 527 (Mass. 1919)	5

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