Barry v. Keeler and Nine Other Cases

SPALDING, Justice. These actions of tort arise out of a collision between an automobile driven by the plaintiff Barry and
a so called tractor-trailer unit operated by the defendant Hamilton. The tractor of this unit was owned by the defendant Keeler
and the trailer was owned by the defendant Shawmut Transportation Co. Inc. Actions were brought by Barry and three passengers
(Dunn, 1 Grison and McDonald) and by the plaintiff Gruberski as administratrix of the estate of her husband (also a passenger)
against Hamilton, Keeler and the Shawmut Transportation Co. Inc., hereinafter called Shawmut. The jury returned verdicts for
the plaintiffs in all the cases against the defendants Hamilton and Keeler and for the defendant in all the cases brought
against Shawmut. Numerous motions for new trials were presented which were disposed of as indicated in the footnote. 2
The cases come here on exceptions of all of the defendants. The defendants concede that there was evidence which would have
warranted the jury in finding negligence on the part of the defendant Hamilton in the operation of the tractor-trailer unit.
They also concede that the evidence warranted a finding that all of the occupants of the automobile were in the exercise of
due care. I. Exceptions of the defendants Hamilton and Keeler.