Proulx v. St. Johnsbury Trucking Co.

Massachusetts Supreme Judicial Court

Proulx v. St. Johnsbury Trucking Co.

179 N.E.2d 818, 343 Mass. 777

CourtMassachusetts Supreme Judicial Court

DecidedJanuary 12, 1962

StatusPublished

This text of 179 N.E.2d 818 (Proulx v. St. Johnsbury Trucking Co.) 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

Proulx v. St. Johnsbury Trucking Co., 179 N.E.2d 818, 343 Mass. 777 (Mass. 1962).

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Opinion

Exceptions overruled. These are three actions of tort to recover damages for the death of the plaintiff’s intestate and for property damage to his motor vehicle. They arose out of the same accident and were consolidated for trial. The eases are here upon the plaintiff’s exceptions to the allowance of the defendants’ motions for directed verdicts. The cases were first tried before an auditor who found that “. . . the plaintiff’s intestate was not in the exercise of due care . . .” and “. . . the plaintiff has not sustained the burden of proving negligence on the part of the defendants.” He then found for the defendants in each ease. Subsequently the cases were tried before a jury. At the trial the auditor’s report was read to the jury. Evidence was introduced on the issue of negligence on the part of the defendant Gardner. No evidence was introduced regarding the conduct of the plaintiff’s intestate. The auditor’s finding that the plaintiff’s intestate was not in the exercise of due care did not lose its “artificial legal force and compelling effect.” Cook v. Farm Serv. Stores, Inc. 301 Mass. 564, 566. See Wade v. Buchanan, 306 Mass. 318. Nor is the auditor’s finding rebutted by the statutory presumption that the person injured was in the exercise of due care. G. L. c. 231, § 85 (as amended through St. 1952, c. 533, § 1). Kneizys v. Stone, 297 Mass. 31, 33. There was no error.

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Exceptions overruled. These are three actions of tort to recover damages for the death of the plaintiff’s intestate and for property damage to his motor vehicle. They arose out of the same accident and were consolidated for trial. The eases are here upon the plaintiff’s exceptions to the allowance of the defendants’ motions for directed verdicts. The cases were first tried before an auditor who found that “. . . the plaintiff’s intestate was not in the exercise of due care . . .” and “. . . the plaintiff has not sustained the burden of proving negligence on the part of the defendants.” He then found for the defendants in each ease. Subsequently the cases were tried before a jury. At the trial the auditor’s report was read to the jury. Evidence was introduced on the issue of negligence on the part of the defendant Gardner. No evidence was introduced regarding the conduct of the plaintiff’s intestate. The auditor’s finding that the plaintiff’s intestate was not in the exercise of due care did not lose its “artificial legal force and compelling effect.” Cook v. Farm Serv. Stores, Inc. 301 Mass. 564, 566. See Wade v. Buchanan, 306 Mass. 318. Nor is the auditor’s finding rebutted by the statutory presumption that the person injured was in the exercise of due care. G. L. c. 231, § 85 (as amended through St. 1952, c. 533, § 1). Kneizys v. Stone, 297 Mass. 31, 33. There was no error.

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179 N.E.2d 818, 343 Mass. 777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/proulx-v-st-johnsbury-trucking-co-mass-1962.

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