Legal Opinion

Flynn v. Lewis

Massachusetts Supreme Judicial Court

Decided January 3, 1919PublishedCited by 46 opinions

Two actions of toet against the owner of a motor car, the first begun by Josephine C. Flynn and, after her death, allowed to be prosecuted by Joseph J. Flynn, the administrator of her estate, for personal injuries sustained on November 8, 1916, when the original plaintiff was being transported as an invited guest and as assistant to the defendant’s daughter in a motor car of the defendant driven negligently and also recklessly and with gross negligence by one Danforth, who…

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Two actions of toet against the owner of a motor car, the first begun by Josephine C. Flynn and, after her death, allowed to be prosecuted by Joseph J. Flynn, the administrator of her estate, for personal injuries sustained on November 8, 1916, when the original plaintiff was being transported as an invited guest and as assistant to the defendant’s daughter in a motor car of the defendant driven negligently and also recklessly and with gross negligence by one Danforth, who was the servant of the defendant. The second action was brought by the administrator of the estate of Josephine C. Flynn…

1Opinion of the CourtB raley, J.

The plaintiff’s intestate while travelling in the defendant’s automobile driven by a chauffeur employed by him, having suffered personal injuries, which after a period of conscious suffering resulted in death, the first action is at common law for her injuries, and the second action is brought under R. L. c. 171, § 2, as amended by St. 1907, c. 375, to recover damages for her death. The jury having found on evidence which warranted the finding, that the overturning of the automobile was due to the negligence of the chauffeur and that the decedent was in the exercise of due care, we come to…

2Cases cited8 opinions

  1. Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
  2. Loftus v. PelletierMassachusetts Supreme Judicial Court · 1916
  3. West v. PoorMassachusetts Supreme Judicial Court · 1907
  4. Brown v. ThayerMassachusetts Supreme Judicial Court · 1912
  5. Lee v. TarplinMassachusetts Supreme Judicial Court · 1903

3 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. Roosen v. Peter Bent Brigham HospitalMassachusetts Supreme Judicial Court · 1920
  2. Bergeron v. ForestMassachusetts Supreme Judicial Court · 1919
  3. Rowan v. AllenTexas Supreme Court · 1940
  4. Lyttle v. MontoMassachusetts Supreme Judicial Court · 1924
  5. Cook v. ColeMassachusetts Supreme Judicial Court · 1931

41 more not listed; retrieve them via the Exa API.

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