Podwapinska v. Teixeira

3 Citing cases

  1. Hinckley v. Capital Motor Trans. Co. Inc.

    321 Mass. 174 (Mass. 1947)   Cited 7 times

    The issue of the plaintiff's due care would be one of fact for the jury. Rogers v. Phillips, 217 Mass. 52. Podwapinska v. Teixeira, 277 Mass. 366, 368-369. But at the time the case was submitted to the jury the plaintiff had in effect abandoned the contention that he had been struck from behind and conceded that the rear end of the truck swerved around and struck him.

  2. Beebe v. Randall

    23 N.E.2d 142 (Mass. 1939)   Cited 14 times

    The facts presented a question for the jury. Rice v. Lowell Buick Co. 229 Mass. 53. Coates v. Bates, 265 Mass. 444, 448, 449. Murray v. Indursky, 266 Mass. 220, 223, 224. Harrington v. Cudahy Packing Co. 273 Mass. 15, 18. Podwapinska v. Teixeira, 277 Mass. 366, 368, 369. Compare Leonard v. Conquest, 274 Mass. 347, 352. The defendant has argued that Mr. Beebe cannot recover on the ground that he was contributorily negligent. From what has already been said this question is not open, but, if it were, our conclusion would be that it was one for the jury.

  3. Donovan v. DiPaolo

    355 N.E.2d 484 (Mass. App. Ct. 1976)   Cited 5 times

    Barow v. Modoono, 325 Mass. 522, 525 (1950). See Perlstein v. American Exp. Co. 177 Mass. 530, 531 (1901); Podwapinska v. Teixeira, 277 Mass. 366 (1931); Kerr v. Deveau, 311 Mass. 210, 213 (1942); Calderone v. Wright, 360 Mass. at 175-176. Contrast Luvera v. DeCaro, 317 Mass. at 224 ("There is nothing in the record . . . to show that the defendant saw the plaintiff, or in the exercise of due care could have seen him, in time to avert the collision"); Woods v. DeMont, 322 Mass. at 234-235.