Demmler v. Trailways of New England, Inc.

Massachusetts Supreme Judicial Court

Demmler v. Trailways of New England, Inc.

244 N.E.2d 733, 355 Mass. 789

CourtMassachusetts Supreme Judicial Court

DecidedJanuary 29, 1969

StatusPublished

This text of 244 N.E.2d 733 (Demmler v. Trailways of New England, Inc.) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Demmler v. Trailways of New England, Inc., 244 N.E.2d 733, 355 Mass. 789 (Mass. 1969).

Pincite

Opinion

This is an action of contract or tort for personal injuries sustained by the plaintiff when the door of the rest room on the defendant’s bus on which she was a passenger was “slammed down” on her hand by a fellow passenger. The plaintiff excepts to the direction of a verdict for the defendant and to the denial of certain requests for rulings. In order to recover, the plaintiff must show that the alleged negligent acts of the defendant were the direct and proximate cause of her injury. We are unable to conclude that the plaintiff showed a causal relationship between the alleged negligence of the defendant and the accident. Waugh v. Great Atl. & Pac. Tea Co. 317 Mass. 230. See Glassey v. Worcester Consol. St. Ry. 185 Mass. 315. There was no error.

Exceptions overruled.

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This is an action of contract or tort for personal injuries sustained by the plaintiff when the door of the rest room on the defendant’s bus on which she was a passenger was “slammed down” on her hand by a fellow passenger. The plaintiff excepts to the direction of a verdict for the defendant and to the denial of certain requests for rulings. In order to recover, the plaintiff must show that the alleged negligent acts of the defendant were the direct and proximate cause of her injury. We are unable to conclude that the plaintiff showed a causal relationship between the alleged negligence of the defendant and the accident. Waugh v. Great Atl. & Pac. Tea Co. 317 Mass. 230. See Glassey v. Worcester Consol. St. Ry. 185 Mass. 315. There was no error.

Exceptions overruled.

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Bluebook (online)

244 N.E.2d 733, 355 Mass. 789, Counsel Stack Legal Research, https://law.counselstack.com/opinion/demmler-v-trailways-of-new-england-inc-mass-1969.

Opinion

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