Downey v. Bay State Street Railway
Massachusetts Supreme Judicial Court
Tort for damage done to a motor truck belonging to the plaintiff by its bemg run into on May 29, 1915, on Sea Street in Quincy by an electric street railway car of the defendant alleged to have been operated negligently by the defendant’s servants. Writ dated July 19, 1915. In the Superior Court the case was tried before Hall, J. There was evidence for the jury of due care on the part of the driver of the truck and of negligence on the part of the defendant’s motorman.
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Tort for damage done to a motor truck belonging to the plaintiff by its bemg run into on May 29, 1915, on Sea Street in Quincy by an electric street railway car of the defendant alleged to have been operated negligently by the defendant’s servants. Writ dated July 19, 1915. In the Superior Court the case was tried before Hall, J. There was evidence for the jury of due care on the part of the driver of the truck and of negligence on the part of the defendant’s motorman. The only question of law raised at the trial was in regard to the registration of the motor truck. The facts as to…
1Opinion of the CourtBraley, J.
It is settled that, even if the accident could be found to have been caused solely by the defendant’s negligence, the plaintiff cannot recover unless her motor- truck which came into collision with the defendant’s car had been registered. St. 1909, c. 534, § 10. Dudley v. Northampton Street Railway, 202 Mass. 443. The St. of 1909, c. 534, § 2, as amended by St. 1912, c. 400, § 1, provides that application for the registration of motor vehicles may be made by “the owner thereof” in the manner there prescribed, and the report under which the case is before us states that a certificate of…
2Cases cited9 opinions
- Dudley v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Trombley v. Stevens-Duryea Co.Massachusetts Supreme Judicial Court · 1910
- Commonwealth v. ShermanMassachusetts Supreme Judicial Court · 1906
- Brewster v. WarnerMassachusetts Supreme Judicial Court · 1883
- Shaw v. KalerMassachusetts Supreme Judicial Court · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Lumberman's Reciprocal Ass'n. v. BehnkenTexas Supreme Court · 1922
- Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1920
- Animal Rescue League v. Assessors of BourneMassachusetts Supreme Judicial Court · 1941
- Leone v. DoranMassachusetts Supreme Judicial Court · 1973
- Squires v. FraskaMassachusetts Supreme Judicial Court · 1938
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