Johnson v. Von Scholley
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff, while a passenger on an elevated street car of the Boston Elevated Railway Company, by reason of a collision on Charles Street in Boston between that car and an automobile truck of the defendants, who were doing business under the name Burkhardt Brewing Company.
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Tort for personal injuries received by the plaintiff, while a passenger on an elevated street car of the Boston Elevated Railway Company, by reason of a collision on Charles Street in Boston between that car and an automobile truck of the defendants, who were doing business under the name Burkhardt Brewing Company. Writ dated September 16, 1912. The answer of the defendants, as amended, contained, besides a general denial, allegations that the plaintiff “presented to .the Boston Elevated Railway Company a claim for damages for the injuries and damage sustained by him by reason of the accident…
1Opinion of the CourtBraley, J.
The defendants and the railway company upon the record were concurrent tortfeasors, and an unqualified release of the company under seal would have discharged them. Feneff v. Boston & Maine Railroad, 196 Mass. 575. Boston Supply Co. v. Rubin, 214 Mass. 217. But the covenant not to sue put in evidence by the defendants did not operate as a discharge of the plaintiff’s cause of action; it only barred the remedy against the company for reasons stated in Matheson v. O’Kane, 211 Mass. 91.
The amended answer, however, pleaded in general terms an accord and satisfaction with the company whereby the…
2Cases cited12 opinions
- Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Matheson v. O'KaneMassachusetts Supreme Judicial Court · 1912
- Kellogg v. TompsonMassachusetts Supreme Judicial Court · 1886
- Brewer v. CaseyMassachusetts Supreme Judicial Court · 1907
- Boston Supply Co. v. RubinMassachusetts Supreme Judicial Court · 1913
7 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Karcher v. BurbankMassachusetts Supreme Judicial Court · 1939
- Quinn v. QuinnMassachusetts Supreme Judicial Court · 1927
- O'Neil v. National Oil Co.Massachusetts Supreme Judicial Court · 1918
- Tripp v. National Shawmut BankMassachusetts Supreme Judicial Court · 1928
- Muse v. DeVitoMassachusetts Supreme Judicial Court · 1923
19 more not listed; retrieve them via the Exa API.