Hayes v. Gessner

On August 11, 1940, the plaintiff was injured by the defendant’s operation of his automobile upon a public way under such circumstances that the jury might find the defendant liable. But the plaintiff did not bring this action until November 28, 1941, after the expiration of the year allowed for the bringing of such an action by G. L. (Ter. Ed.) c. 260, § 4, as latest amended by St. 1937, c. 385, § 9. The judge directed a verdict for the defendant. The issue in the case is whether the jury could have found that the defendant was estopped from setting up the statute as a defence. McLearn v.…