Matheson v. O'Kane
Massachusetts Supreme Judicial Court
Tort, originally against Frank T. Horgan, Edward B. Townsend, trustee, and Joseph O’Kane, jointly, for personal injuries sustained by the plaintiff on February 2, 1909, from a fall caused by an accumulation of ice on the sidewalk of East Canton Street in Boston, the declaration alleging that the defendants were severally the owners of the houses, numbered 7, 9, and 11 on East Canton Street, and that the accumulation of ice on which the plaintiff fell was due to the freezing…
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Tort, originally against Frank T. Horgan, Edward B. Townsend, trustee, and Joseph O’Kane, jointly, for personal injuries sustained by the plaintiff on February 2, 1909, from a fall caused by an accumulation of ice on the sidewalk of East Canton Street in Boston, the declaration alleging that the defendants were severally the owners of the houses, numbered 7, 9, and 11 on East Canton Street, and that the accumulation of ice on which the plaintiff fell was due to the freezing of water overflowing from the gutter maintained along the eaves of the three houses and the conductor leading therefrom,…
1Opinion of the CourtDeCourcy, J.
The judge of the Superior Court ruled that as the plaintiff’s claim was unliquidated the taking of money and the giving of the papers under seal to the defendants Horgan and Townsend, trustee, was a bar to any recovery against the defendant O’Kane. The correctness of this ruling is now presented for our determination.
The long established doctrine, that a release of one of several joint tortfeasors operates to discharge all, is not applicable here because no release was given by the plaintiff. Bac. Abr. Release (B). Brown v. Cambridge, 3 Allen, 474. Aldrich v. Parnell, 147 Mass. 409." It is…
2Cases cited19 opinions
- City of Chicago v. BabcockIllinois Supreme Court · 1892
- Gilbert v. . FinchNew York Court of Appeals · 1903
- Ellis v. EssonWisconsin Supreme Court · 1880
- Abb v. Northern Pacific Railway Co.Washington Supreme Court · 1902
- Bloss v. PlymaleWest Virginia Supreme Court · 1869
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3Cited by56 opinions
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- Black v. MartinMontana Supreme Court · 1930
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