Legal Opinion
Duff v. Webster
Massachusetts Supreme Judicial Court
Decided November 30, 1943PublishedCited by 34 opinions
1Opinion of the CourtQua, J.
On February 14, 1940, in a snow storm, the plaintiff, while on the highway, was struck and injured by an automobile driven by the defendant. After a verdict for the plaintiff, the defendant insists that the plaintiff was contributorily negligent as a matter of law, and that there was an error in the charge.
Under G. L. (Ter. Ed.) c. 231, § 85, contributory negligence is an “affirmative defence” to be “proved by the defendant.” It follows that in cases to which this statute applies, on the issue of contributory negligence, the circumstances not covered by evidence are assumed to- have been…
2Cases cited14 opinions
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- United States Fidelity & Guaranty Co. v. English Construction Co.Massachusetts Supreme Judicial Court · 1939
- Mercier v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Lydon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1941
- Whiteacre v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1922
9 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Howes v. KelmanMassachusetts Supreme Judicial Court · 1951
- Douglas v. WhittakerMassachusetts Supreme Judicial Court · 1949
- Barrett v. Brooks Hospital, Inc.Massachusetts Supreme Judicial Court · 1959
- Carr v. Arthur D. Little, Inc.Massachusetts Supreme Judicial Court · 1965
- Salvato v. DiSILVA TRANSPORTATION CO. INC.Massachusetts Supreme Judicial Court · 1952
29 more not listed; retrieve them via the Exa API.