McELWAIN v. CAPOTOSTO


332 Mass. 1 (1954)

122 N.E.2d 901

JOHN J. McELWAIN vs. RAFFAELE CAPOTOSTO.

Supreme Judicial Court of Massachusetts, Suffolk.

December 2, 1954.


Attorney(s) appearing for the Case

William H. Taylor, Jr., for the plaintiff.

Robert W. Cornell, (Philip L. Berkeley with him,) for the defendant.

Present: QUA, C.J., RONAN, WILKINS, SPALDING, & WILLIAMS, JJ.


QUA, C.J.

The plaintiff, a postal employee of the United States, claims that he suffered a personal injury when a parked mail truck in which he was sitting was struck from behind by a motor vehicle operated by the defendant.

The judge before whom the case was tried without a jury found specifically that the defendant was negligent, but also found that the plaintiff suffered no damages that were the direct and proximate result of the defendant's negligence...

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