Costello v. Hayes
Massachusetts Supreme Judicial Court
1Opinion of the CourtBraley, J.
The plaintiff on July 11, 1919, was struck and severely injured by an automobile owned and driven by the defendant. The answer among other defences pleaded a release "under seal dated September 15, 1919, which purported to discharge the defendant from all liability. We assume on the record that there was evidence for the jury on the questions of the plaintiff’s due care and the defendant’s negligence, and that the principal issues were, whether the release which bore the plaintiff’s signature was invalid by reason of lack of mental capacity to understand the nature and effect of the…
2Cases cited24 opinions
- Neill v. BrackettMassachusetts Supreme Judicial Court · 1920
- Jennings v. RooneyMassachusetts Supreme Judicial Court · 1903
- Whitney v. Wellesley & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Harrington v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
- Atlas Shoe Co. v. BloomMassachusetts Supreme Judicial Court · 1911
19 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Davignon v. ClemmeyCourt of Appeals for the First Circuit · 2003
- Willett v. HerrickMassachusetts Supreme Judicial Court · 1927
- Plumer v. LuceMassachusetts Supreme Judicial Court · 1942
- Simon v. SimonMassachusetts Appeals Court · 1994
- Daddario v. City of GloucesterMassachusetts Supreme Judicial Court · 1952
21 more not listed; retrieve them via the Exa API.