LALUMIERE v. MIELE


337 Mass. 339 (1958)

149 N.E.2d 365

ROBERT LALUMIERE vs. SPARTAGO MIELE.

Supreme Judicial Court of Massachusetts, Suffolk.

April 10, 1958.


Attorney(s) appearing for the Case

Robert P. Malone, for the plaintiff.

Arthur L. Johns, for the defendant.

Present: WILKINS, C.J., RONAN, SPALDING, WILLIAMS, COUNIHAN WHITTEMORE, & CUTTER, JJ.


WHITTEMORE, J.

The plaintiff took an exception to the direction of a verdict for the defendant in this action of tort for personal injuries. Taking the evidence most favorably for the plaintiff, the jury could have found as follows: The plaintiff was a guest in a 1947 Mercury automobile driven by the defendant. The accident occurred on Route 110 between Lawrence and Lowell shortly after 12:30 A.M. on February 15, 1955. It was snowing very hard. The road was icy and...

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