Lembo Mayflower Creamery Co. v. Martin

Boston Municipal Court

Lembo Mayflower Creamery Co. v. Martin

1 Mass. App. Dec. 165

CourtBoston Municipal Court

DecidedDecember 9, 1941

DocketNos. 150469, 150470

StatusPublished

This text of 1 Mass. App. Dec. 165 (Lembo Mayflower Creamery Co. v. Martin) is published on Counsel Stack Legal Research, covering Boston Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lembo Mayflower Creamery Co. v. Martin, 1 Mass. App. Dec. 165 (Mass. Super. Ct. 1941).

Pincite

Opinion

BY THE COURT

(Putnam, J., Riley, J. & Tomasello, J.)

—These cases arose out of an ordinary collision of two motor vehicles at the intersection of two streets, and they fall within the general rule that when a collision occurs at intersecting streets the issues of due care and negligence of the respective drivers of the automobiles present questions of fact. Walsh v. Wilson, 281 Mass. 78.

The judge specifically found that both drivers were negligent and found for the defendant in each case. There is no incon[166]*166sistency in those findings and the requests presented by the plaintiff and granted by the court, and the denial of certain other requests presented by the defendant was, under the circumstances, correct.

Report dismissed with double costs.

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