CROWLEY v. McCAULEY


338 Mass. 418 (1959)

155 N.E.2d 407

MARION S. CROWLEY vs. GRACE McCAULEY.

Supreme Judicial Court of Massachusetts, Suffolk.

January 19, 1959.


Attorney(s) appearing for the Case

Harry Kisloff, for the plaintiff, submitted a brief.

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

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


WILKINS, C.J.

The plaintiff, a passenger in an automobile owned and operated by the defendant, was injured due to the alleged negligence of the defendant. There is no allegation of gross negligence in the declaration, and no contention that there was evidence of gross negligence. We read in the plaintiff's brief: "The facts are unusual in that the plaintiff claims that her presence in the defendant's car was obtained by deceit and against her will in order to permit...

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