Motor Vehicle, Operation. Proximate Cause.
One who, having parked upon a public way a motor truck which was not registered, returned to it after two hours and, while placing a package in the back of it, was struck by a vehicle from the rear and, as he sought in vain to extricate himself, was struck a second time, was guilty of illegal operation of the truck and had no right of recovery against the operator of the second vehicle without proof of wilful, wanton or reckless misconduct on his part.
LUMMUS, J.
The plaintiff and his partner owned a truck which was registered in Maine in the name of the latter. On December 7, 1938, the plaintiff drove the truck to Boston and parked it on Fleet Street, a few feet in front of the defendant's truck. The defendant started up his truck and hit the plaintiff twice, injuring him. This is an action of tort for alleged negligence. No wilful or wanton misconduct was alleged or proved.
Assuming that the plaintiff's truck was properly registered in Maine, he cannot recover. The case is covered by VanDresser v. Firlings, 305 Mass. 51, for the plaintiff first entered the Commonwealth with his truck during the year 1938 in March of that year. His right to operate it in this Commonwealth expired at the end of thirty days. His illegal act in operating the truck was a unit, and had not ceased to exist before the entire injury was done. Blair v. Boston Elevated Railway, 310 Mass. 1, 3, and cases cited. Query v. Howe, 273 Mass. 92, 96.
Exceptions sustained. Judgment for the defendant.