(DOWNLOAD) "Fone v. Elloian" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Fone v. Elloian
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 31, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
DONAHUE, Justice. The defendant, on a warm August evening, invited the plaintiff, a boy eleven years of age, and several other boys and girls to ride on an automobile truck driven by the defendant from the neighborhood of the plaintiff's home in Charlestown to a pond located in Medford, for the purpose of going swimming. Upon arrival at the vicinity of the pond the defendant parked the truck on a steep bank. Everyone got off and all went swimming except the plaintiff and another boy. Neither had brought a bathing suit and neither could swim. They remained near the parked truck. About ten minutes after the truck had been parked, although no one in that time had touched it, the truck started down the bank, crushing the plaintiff, who was in front of it, against a tree. By reason of the defendant's invitation and the plaintiff's acceptance thereof, the undertaking of the defendant was the transportation of the plaintiff to the pond and, by implication, transporting him home again. The undertaking was gratuitous and created the relation of guest and host between the plaintiff and the defendant during such time as the defendant was engaged in that undertaking. Under our decisions the duty of the defendant in the matter of using care, so long as the plaintiff remained a guest, was merely to refrain from conduct which was grossly negligent. Massaletti v. Fitzroy, 228 Mass. 487, 118 N.E. 168, L.R.A.1918C, 264, Ann.Cas.1918B, 1088.
 "Fone v. Elloian" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free){kind=link}