LANZA v. SCARPA


336 Mass. 629 (1958)

146 N.E.2d 899

JOSEPH LANZA vs. GERALD J. SCARPA.

Supreme Judicial Court of Massachusetts, Suffolk.

January 8, 1958.


Attorney(s) appearing for the Case

Arthur J. Learson, for the plaintiff.

Andre R. Sigourney, for the defendant.

Present: WILKINS, C.J., RONAN, SPALDING, WHITTEMORE, & CUTTER, JJ.


RONAN, J.

This is an appeal from an order of the Appellate Division vacating a finding for the plaintiff and ordering judgment for the defendant in an action of tort brought by the plaintiff to recover for injuries after alighting from an automobile in which he had been a gratuitous passenger.

The defendant transported in his two door automobile two guests; one occupied the front right seat and the other, the plaintiff, the rear seat. These two guests intended...

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