Legal Opinion

McAlevey v. Litch

Massachusetts Supreme Judicial Court

Decided January 9, 1920PublishedCited by 15 opinions

Tort, for personal injuries, resulting from the plaintiff being run into by a motor truck operated by the defendant. Writ dated December 1, 1916. The defendant pleaded in bar, that, before the bringing of this action, the 'plaintiff brought an action of tort against a corporation, of which the defendant in this action was president, treasurer, manager and a director, to recover damages for the same injuries for which he sought to recover in this action, that in the former…

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Tort, for personal injuries, resulting from the plaintiff being run into by a motor truck operated by the defendant. Writ dated December 1, 1916. The defendant pleaded in bar, that, before the bringing of this action, the 'plaintiff brought an action of tort against a corporation, of which the defendant in this action was president, treasurer, manager and a director, to recover damages for the same injuries for which he sought to recover in this action, that in the former action a general verdict was rendered for the defendant and that judgment was entered on the verdict.. In the Superior…

1Opinion of the CourtDe Courcy, J.

The plaintiff, while crossing a public highway in Lynn on October 24, 1914, was struck by an auto truck of the Bates C. Litch Construction Company, operated by this defendant, Bates C. Litch. He sued the corporation to recover for his injuries. In November, 1916, a verdict for the defendant was returned in that action, and subsequently judgment was entered on the verdict. In December, 1916, the present action was brought to recover for the same injuries; and the former judgment was pleaded in bar. The trial judge ordered a verdict for the defendant, and reported the case to this court.

In…

2Cases cited7 opinions

  1. Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
  2. Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
  3. McCarthy v. William H. Wood Lumber Co.Massachusetts Supreme Judicial Court · 1914
  4. England v. DearbornMassachusetts Supreme Judicial Court · 1886
  5. Old Corner Book Store v. UphamMassachusetts Supreme Judicial Court · 1907

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

3Cited by15 opinions

  1. Lunt v. Aetna Life Insurance Co. of HartfordMassachusetts Supreme Judicial Court · 1928
  2. Giedrewicz v. DonovanMassachusetts Supreme Judicial Court · 1931
  3. Tighe v. SkillingsMassachusetts Supreme Judicial Court · 1937
  4. Pesce v. BrecherMassachusetts Supreme Judicial Court · 1939
  5. Hacker v. BeckMassachusetts Supreme Judicial Court · 1950

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

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