Ruggiero v. Mello

4 Citing cases

  1. Patterson v. Cushman

    394 P.2d 657 (Alaska 1964)   Cited 19 times
    In Patterson v. Cushman, 394 P.2d 657, 664-65 (Alaska 1964), we recognized that under Civil Rule 49 the trial judge has discretion to decide both the number and form of interrogatories to accompany a general verdict.

    As stated by Judge Jayne in Hellstern v. Smelowitz: Jones v. Wray, 169 Cal.App.2d 372, 337 P.2d 226 (1959); Ruggiero v. Mello, 333 Mass. 295, 130 N.E.2d 555 (1955); Eckhardt v. Hanson, 196 Minn. 270, 264 N.W. 776, 107 A.L.R. 1 (1936); Camardo v. New York State Rys., 247 N.Y. 111, 159 N.E. 879 (1928); other cases discussed in Annot., 77 A.L.R.2d 917, 924-25 (1961). 17 N.J. Super. 366, 86 A.2d 265 (1952).

  2. Callahan v. Lach

    338 Mass. 233 (Mass. 1958)   Cited 12 times

    Woods v. DeMont, 322 Mass. 233. We think that this case is governed by the decisions in Burke v. Durland, 312 Mass. 291, Cioffi v. Lowell, 316 Mass. 256, and Walker v. Bullard, 317 Mass. 288, where the defendant had no reason in the circumstances to suppose that the plaintiff was in a place of danger or likely to move into a place of danger either when he started his vehicle or immediately prior to the accident; and is distinguishable from those upon which the plaintiff relies, such as Eaton v. S.S. Pierce Co. 288 Mass. 323, Capano v. Melchionno, 297 Mass. 1, D'Ambrosia v. Brest, 302 Mass. 316, Ruggiero v. Mello, 333 Mass. 295, and Marchant v. Connelly, 335 Mass. 397, where the operator of the motor vehicle knew or should have known of the presence of a child in the immediate vicinity of the path of his vehicle and in a place of danger. Exceptions sustained.Judgment for the defendants.

  3. Marchant v. Connelly

    140 N.E.2d 173 (Mass. 1957)   Cited 2 times

    In any event, had she seen Philip before the impact she could have brought the automobile to a full stop at the rate of speed she says she was travelling in time to have avoided dragging him at least twenty feet, which undoubtedly aggravated the injuries he received. We think the case at bar more nearly resembles D'Ambrosia v. Brest, 302 Mass. 316, Birch v. Strout, 303 Mass. 28, DeLeo v. Jefferson, 331 Mass. 317, Mason v. Steinmetz, 332 Mass. 575, and Ruggiero v. Mello, 333 Mass. 295, than it does O'Reilly v. Sherman, 298 Mass. 571, Burke v. Durland, 312 Mass. 291, Cioffi v. Lowell, 316 Mass. 256, and Walker v. Bullard, 317 Mass. 288, upon which the defendant relies. Exceptions overruled.

  4. Stowers v. Carp

    172 N.E.2d 370 (Ill. App. Ct. 1961)   Cited 22 times
    In Stowers, the defendant's employee drove a company truck through an alley which was located between the rear yards of residential homes, which were located on each side of the alley.

    e and ordinary care under the circumstances to avoid inflicting injury upon them; it is ordinarily necessary to exercise greater care for the safety of young children than for adults possessing normal, mature faculties; children's conduct is unpredictable and one operating a motor vehicle under those circumstances should anticipate their thoughtlessness and impulsiveness; their presence or probable presence is in itself a warning; if the driver has knowledge or should, under the circumstances, have had knowledge of their presence he may in a particular case be liable even though he did not see the child in time to prevent the injury; ordinarily whether a driver should, under the circumstances, have been alerted to the necessity of looking for the presence of children is one of fact for the jury to solve as well as whether the duty, if it arose, has been properly performed: Kading v. Willis (1955) 286 P.2d 861, D.C. App. Cal.; Maletis v. Portland Traction Co. (1938) 83 P.2d 141, Ore.; Ruggiero v. Mello (1955) 130 N.E.2d 555, Mass.; Stein v. Palisi (1955) 125 N.E.2d 575, N.Y. If the operator of the motor vehicle knows, or should, under the circumstances, know that children are in and along a street, or alley, the operator must, under such circumstances, recognize that such children may be unmindful of danger and it is his duty to exercise reasonable care commensurate with the circumstances: Ogden v. Keck (1929) 253 Ill. App. 444; Kuzminski v. Waser (1942) 314 Ill. App. 438, 41 N.E.2d 1008. [9] This accident occurred in a narrow, 9 foot wide alley at the rear of several large apartment buildings, in a crowded residential area, where there were many children, who customarily played in the small back yards areas and alley and there were no fences to separate the back yards from the alley.