Tripp v. Gifford
Massachusetts Supreme Judicial Court
Tort, to recover for personal injuries sustained by the plaintiff, an infant, from the bite of a dog. At the trial in the Superior Court, before Hammond, J., it appeared that the name of the plaintiff’s father originally had been inserted in the writ as her next friend, but that before the trial he had been removed by the court upon a petition filed" in behalf of the infant; and another person had been assigned by the court to act as next friend.
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Tort, to recover for personal injuries sustained by the plaintiff, an infant, from the bite of a dog. At the trial in the Superior Court, before Hammond, J., it appeared that the name of the plaintiff’s father originally had been inserted in the writ as her next friend, but that before the trial he had been removed by the court upon a petition filed" in behalf of the infant; and another person had been assigned by the court to act as next friend. The defendant offered evidence tending to prove that the plaintiff’s father, acting as next friend and in good faith, intending to protect the…
1Opinion of the CourtBarker, J.
The action was brought by the father of the plaintiff as next friend. Before the trial, the court removed him, and appointed another person to act in that capacity. At the trial, the defendant offered to show, both in bar of the action and upon the question of damages, that the father, while acting as next friend and intending to protect the plaintiff’s interests, *109had in good faith made a settlement with the defendant, who had paid him the sum of fifty dollars, which both intended should be a full settlement of the cause of action. The only question in the case is whether this evidence was…
2Cases cited8 opinions
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