Legal Opinion

Koonovsky v. Quellette

Massachusetts Supreme Judicial Court

Decided May 21, 1917PublishedCited by 23 opinions

Tort by a minor by his next friend for personal injuries sustained on March 8, 1914, from being struck by an unregistered motor car owned and operated by the defendant on Pleasant Street in Fall River. Writ dated June 1, 1914. In the Superior Court the case was tried before Callahan, J. It appeared that at the time of the accident there were on the defendant’s car number plates of one Fontaine, a dealer in motor vehicles.

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Tort by a minor by his next friend for personal injuries sustained on March 8, 1914, from being struck by an unregistered motor car owned and operated by the defendant on Pleasant Street in Fall River. Writ dated June 1, 1914. In the Superior Court the case was tried before Callahan, J. It appeared that at the time of the accident there were on the defendant’s car number plates of one Fontaine, a dealer in motor vehicles. The evidence in regard to this and other circumstances of the case is described in the opinion. At the close of the evidence the defendant asked the judge to make the…

1Opinion of the CourtPierce, J.

The motor car that the defendant owned and was operating on Pleasant Street, a public highway in the city *476of Fall River, on March 8, 1914, when it came in collision with the plaintiff, was not registered under St. 1909, c. 534, § 2.

The defendant offered testimony tending to prove that the machine had been since the first of January, 1914, was at the time of the accident, and continued to be until April or May, 1914, in the control of one Fontaine for the purpose of sale, of renting or for use; that Fontaine kept a garage; that he was a dealer in motor vehicles as such a person is defined by…

2Cases cited3 opinions

  1. Dudley v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1909
  2. Amberg v. . KinleyNew York Court of Appeals · 1915
  3. Holden v. McGillicuddyMassachusetts Supreme Judicial Court · 1913

3Cited by23 opinions

  1. Gilman v. Central Vermont Railway Co.Supreme Court of Vermont · 1919
  2. Cook v. ColeMassachusetts Supreme Judicial Court · 1931
  3. Santa Maria v. TrottoMassachusetts Supreme Judicial Court · 1937
  4. Capano v. MelchionnoMassachusetts Supreme Judicial Court · 1937
  5. Balian v. OgassinMassachusetts Supreme Judicial Court · 1931

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