Baggs v. Hirschfield

LUMMUS, Justice. The plaintiff, during a heavy fall of sticky snow, after eight oclock in the evening of February 25, 1933, was operating a motor truck equipped as a snow plow, for the purpose of clearing the highway. At the time of the accident, the truck was stopped on the right said of the macadam highway, which was thirty feet wide, and the truck projected only two feet to the left of the right edge. The truck had a tail light, pilot lights on each side visible from the rear as well as the front, and a cluster of bright lights on the rear of the cab. All were lighted, according to the plaintiffs evidence. The defendant drove his automobile up behind the truck, was unable to stop in season, and crashed into the back of the truck, throwing the plaintiff off his seat and injuring him. There was evidence that the heavy truck was moved ahead from five to seven feet by the collision, and that the defendants automobile turned to the left across the road and went sixty-six feet before stopping. See Levine v. Bishop (Mass.) 198 N.E. 146. There was evidence for the defendant that no lights on the truck were lighted except the headlights. Lights in the rear were required by G.L. (Ter.Ed.) c. 90, §§ 7, 20. See, also, chapter 85, § 17; Commonwealth v. Henry, 229 Mass. 19, 118 N.E. 224, L.R.A. 1918B, 827; Renaud v. New England Transportation Co., 286 Mass. 39, 42, 189 N.E. 789; Jacobs v. Moniz, 288 Mass. 102, 192 N.E. 515. After a verdict for the plaintiff, the case is here on the defendants exception to the charge.