Phillips v. Stone
Massachusetts Supreme Judicial Court
1Opinion of the CourtLummus, J.
On September 4, 1931, the plaintiff was hurt by an automobile operated by the son of the defendant Stone. The accident occurred in a driveway on private land, and not on “the ways of the commonwealth.’' Any resulting liability was not within the compulsory motor vehicle liability insurance act, but if covered by liability insurance was subject to the principle that the injured person acquires no right against the insurer superior to that of the insured owner. If by violation of the terms of the policy the latter has lost his right to indemnity, there is nothing for the injured person to…
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