Halpert v. Houle

Massachusetts Supreme Judicial Court

Halpert v. Houle

271 N.E.2d 638, 359 Mass. 766

CourtMassachusetts Supreme Judicial Court

DecidedJune 29, 1971

StatusPublished

This text of 271 N.E.2d 638 (Halpert v. Houle) 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

Halpert v. Houle, 271 N.E.2d 638, 359 Mass. 766 (Mass. 1971).

Pincite

Opinion

This is an action of tort for personal injuries sustained when the plaintiff, while riding a bicycle, collided with a motor vehicle operated by the defendant. The only issue is raised by the plaintiff’s exception to the judge’s refusal to instruct the jury that “In approaching or passing a person on a bicycle the person operating the motor vehicle shall slow down and in passing such person shall do so at a reasonable and proper speed.” G. L. c. 90, § 14, as amended by St. 1961, c. 518, § 1. There was no error. The requested instruction was not applicable to the evidence. The defendant was not passing the plaintiff within the meaning of the statute but rather the plaintiff and the defendant were approaching each other at right angles prior to the collision. See Stafford v. Jones, 292 Mass. 489.

Exceptions overruled.

Free access — add to your briefcase to read the full text and ask questions with AI

This is an action of tort for personal injuries sustained when the plaintiff, while riding a bicycle, collided with a motor vehicle operated by the defendant. The only issue is raised by the plaintiff’s exception to the judge’s refusal to instruct the jury that “In approaching or passing a person on a bicycle the person operating the motor vehicle shall slow down and in passing such person shall do so at a reasonable and proper speed.” G. L. c. 90, § 14, as amended by St. 1961, c. 518, § 1. There was no error. The requested instruction was not applicable to the evidence. The defendant was not passing the plaintiff within the meaning of the statute but rather the plaintiff and the defendant were approaching each other at right angles prior to the collision. See Stafford v. Jones, 292 Mass. 489.

Exceptions overruled.

Cite This Page — Counsel Stack

Bluebook (online)

271 N.E.2d 638, 359 Mass. 766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/halpert-v-houle-mass-1971.

Opinion

Related

Cite This Page — Counsel Stack