NOYES v. RAYMOND

No. 88-P-1220.

28 Mass. App. Ct. 186 (1989)

548 N.E.2d 196

JOSEPH NOYES & another vs. JANE E. RAYMOND & another, executors.

Appeals Court of Massachusetts, Barnstable.

January 8, 1990.


Attorney(s) appearing for the Case

Richard K. Latimer for the plaintiffs.

Peter G. Collias for the defendants.

Present: WARNER, C.J., KASS, & FINE, JJ.


FINE, J.

Joseph Noyes was operating a vehicle on Route 6, the Bourne Scenic Highway, with his wife, Rita Noyes, in the passenger seat when they were struck at the intersection with Herring Pond Road by a pickup truck operated by Elmer Raymond. Rita and Joseph brought this action against Raymond for the injuries they sustained as a result of the accident. In his answer, Raymond denied that he was negligent. He alleged that, if he should nevertheless be found negligent...

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