Legal Opinion

Hurnanen v. Nicksa

Massachusetts Supreme Judicial Court

Decided October 23, 1917PublishedCited by 28 opinions

Two actions op tort by the administrator of the estate of Matti Hurnanen, late of Gardner, the first against Bronislaw Nicltsa and the second against the Gardner Automobile Company, a corporation, the declaration in each action containing two counts, as stated in the opinion, for causing the death and conscious suffering of the plaintiff’s intestate by running into him on September 11, 1915, with a motor car operated by the defendant Nicksa and alleged to belong to the…

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Two actions op tort by the administrator of the estate of Matti Hurnanen, late of Gardner, the first against Bronislaw Nicltsa and the second against the Gardner Automobile Company, a corporation, the declaration in each action containing two counts, as stated in the opinion, for causing the death and conscious suffering of the plaintiff’s intestate by running into him on September 11, 1915, with a motor car operated by the defendant Nicksa and alleged to belong to the defendant corporation. Writs dated respectively September 16 and December 10, 1915. The answer in each case contained a…

1Opinion of the CourtPierce, J.

These are actions of tort which were tried together. The declaration in the first case contains two counts. The first count alleged the plaintiff’s intestate’s due care and the negligence of the defendant in operating a motor car in Gardner on September 11, 1915, and that the car, while so negligently operated, came into collision with the plaintiff’s intestate, who was thereby killed. The second count is for conscious suffering, alleging the plaintiff’s intestate’s due care and the defendant’s negligence i¡n the operation of his car. The answer is a general denial, with an allegation of the…

2Cases cited10 opinions

  1. Hervey v. Rhode Island Locomotive WorksSupreme Court of the United States · 1877
  2. Burke v. HodgeMassachusetts Supreme Judicial Court · 1912
  3. Bailey v. HerveyMassachusetts Supreme Judicial Court · 1883
  4. Edwards v. City of WorcesterMassachusetts Supreme Judicial Court · 1898
  5. McCarthy v. HendersonMassachusetts Supreme Judicial Court · 1885

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

3Cited by28 opinions

  1. Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1920
  2. Wallace v. LudwigMassachusetts Supreme Judicial Court · 1935
  3. Animal Rescue League v. Assessors of BourneMassachusetts Supreme Judicial Court · 1941
  4. Leone v. DoranMassachusetts Supreme Judicial Court · 1973
  5. Squires v. FraskaMassachusetts Supreme Judicial Court · 1938

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

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