McNamara v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries alleged to have been received by the plaintiff while a passenger on an electric street car of the defendant. Writ in the Superior Court for the county of Suffolk dated August 17,1905. The answer of the defendant alleged that the plaintiff’s cause of action had been released by her “ by an instrument in writing over her hand and seal.”
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Tort for personal injuries alleged to have been received by the plaintiff while a passenger on an electric street car of the defendant. Writ in the Superior Court for the county of Suffolk dated August 17,1905. The answer of the defendant alleged that the plaintiff’s cause of action had been released by her “ by an instrument in writing over her hand and seal.” At the trial, which was before Dana, J., the plaintiff’s evidence tended to show that a fuse burned out upon the car upon which she was near the corner of Washington and Cobden Streets in the Roxbury district of Boston and that, in the…
1Opinion of the CourtLoring, J.
We are of opinion that the presiding judge was right in ruling that there was no evidence warranting a finding that the release given by the plaintiff was not binding on her.
It is settled on the one hand that it is no defence to a release that the person signing it neither read it nor understood its contents. Leddy v. Barney, 139 Mass. 394,396. Rosenberg v. Doe, *386146 Mass. 191, 193. This is but an application of the broad principle applied in a similar connection in Grace v. Adams, 100 Mass. 505.
On the other hand it is also settled that a release can be avoided if there was a fraudulent…
2Cases cited7 opinions
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
- Leddy v. BarneyMassachusetts Supreme Judicial Court · 1885
- Freedley v. FrenchMassachusetts Supreme Judicial Court · 1891
- Rosenberg v. DoeMassachusetts Supreme Judicial Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Lee v. Allied Sports Associates, Inc.Massachusetts Supreme Judicial Court · 1965
- Rocci v. Massachusetts Accident Co.Massachusetts Supreme Judicial Court · 1916
- Wax v. McGrathMassachusetts Supreme Judicial Court · 1926
- Costello v. HayesMassachusetts Supreme Judicial Court · 1924
- Flavin v. MorrisseyMassachusetts Supreme Judicial Court · 1951
23 more not listed; retrieve them via the Exa API.