McGrath v. Tobin

This is an action for damages under the general laws of Massachusetts, G. L. (Ter. Ed.) c. 229, for the death and for injuries resulting in the death of plaintiff’s testator in an automobile accident in that state. The case is here on plaintiff’s exception to the decision of a justice of the superior court sustaining defendant’s amended additional demurrer to the declaration.

The principal question raised by the exception is whether the trial justice erred in sustaining the demurrer on the ground that chapter 229 is a penal statute and therefore not enforceable in this state. The plaintiff…