Hurnanen v. Gardner Automobile Co.
Massachusetts Supreme Judicial Court
Tort for conscious suffering and death of the plaintiff’s intestate, alleged to have been caused by negligence of the defendant’s servants or agents.
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Tort for conscious suffering and death of the plaintiff’s intestate, alleged to have been caused by negligence of the defendant’s servants or agents. Writ dated December 10, 1915. In the Superior Court, for lack of an appearance and answer, the defendant was defaulted and the plaintiff’s damages were assessed by a jury in the sum of $4,000. Before entry of judgment, upon a motion of the defendant supported by affidavits described in the opinion, it was ordered by King, J., that the default be removed and the assessment of damages set aside upon the defendant paying within ten days the…
1Opinion of the CourtRugg, C. J.
The only question presented by this report is whether the Superior Court judge had power to remove a default and permit the case to be tried on its merits. The action is in tort for injuries alleged to have-been sustained through the negligence of the defendant in operating an automobile. Service of the writ was made duly on the defendant. The defendant did not appear in response to the summons and later was defaulted. A jury was impanelled and by it the damages sustained by the plaintiff were assessed. Thereafter and before judgment, a motion was filed in behalf of the defendant, alleging…
2Cases cited1 opinion
- Edwards v. WilleyMassachusetts Supreme Judicial Court · 1914
3Cited by10 opinions
- Beserosky v. MasonMassachusetts Supreme Judicial Court · 1929
- Cohen v. Industrial Bank & Trust Co.Massachusetts Supreme Judicial Court · 1931
- Treasurer & Receiver General v. Macdale Warehouse Co.Massachusetts Supreme Judicial Court · 1928
- City of Boston v. SantosuossoMassachusetts Supreme Judicial Court · 1939
- Hooton v. G. F. Redmond & Co.Massachusetts Supreme Judicial Court · 1921
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