SEMPLE TRUCK RENTAL v. P & B WHOLESALERS, INC.


12 Mass. App. Ct. 764 (1981)

429 N.E.2d 52

SEMPLE TRUCK RENTAL & LEASING, INC. vs. P & B WHOLESALERS, INC., & another.

Appeals Court of Massachusetts, Suffolk.

December 14, 1981.


Attorney(s) appearing for the Case

Joseph C. Delcore for the defendants.

Philip S. Iuliano for the plaintiff.

Present: ARMSTRONG, PERRETTA, & KASS, JJ.


ARMSTRONG, J.

The plaintiff rented a truck to the corporate defendant, whose driver, Greenburg, negligently drove it under (or, more accurately, attempted to drive it under) a low bridge on Storrow Drive in Boston. It cost the plaintiff $3,500 to replace the damaged truck body. A judge sitting in the Superior Court under St. 1976, c. 303, trying the case without a jury, ordered judgment to be entered in that amount against Greenburg, based on his negligence, and against...

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