Aldrich v. Parnell
Massachusetts Supreme Judicial Court
Tort, under the Puh. Sts. c. 100, § 21, to recover damages sustained in consequence of the intoxication of the plaintiff’s husband, caused by the sale of intoxicating liquors to him by the defendant. Trial in the Superior Court, before Brigham C. J., who, after a verdict for the plaintiff, allowed a bill of exceptions, the material part of which appears in the opinion.
1Opinion of the CourtC. Allen, J.
It is a familiar rule, that ordinarily a release of one of several joint tortfeasors discharges all; and this rule is applicable, even though there was no concert of action among them, provided the injury was single. Stone v. Dickinson, 5 Allen, 29. Brown v. Cambridge, 3 Allen, 474. Goss v. Ellison, 136 Mass. 503. It has also been determined that this rule applies if a release is given to one against whom a claim is made, although he may not in fact be liable. Leddy v. Barney, 139 Mass. 394.
The only question in the present case is whether this rule is applicable to a claim arising under the…
2Cases cited5 opinions
- Leddy v. BarneyMassachusetts Supreme Judicial Court · 1885
- Goss v. EllisonMassachusetts Supreme Judicial Court · 1884
- Kearney v. FitzgeraldSupreme Court of Iowa · 1876
- Bryant v. TidgewellMassachusetts Supreme Judicial Court · 1882
- Frazier & Cooper v. K. C., St. J. & C. B. Ry. Co.Supreme Court of Iowa · 1878
3Cited by10 opinions
- Matheson v. O'KaneMassachusetts Supreme Judicial Court · 1912
- Porter v. SorellMassachusetts Supreme Judicial Court · 1932
- New York Bank Note Co. v. Kidder Press Manufacturing Co.Massachusetts Supreme Judicial Court · 1906
- McCoy v. L. & N. R. R.Supreme Court of Alabama · 1905
- Fleming v. DaneMassachusetts Supreme Judicial Court · 1937
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