Holden v. McGillicuddy
Massachusetts Supreme Judicial Court
Tort for injury to an automobile of the plaintiff from a collision with an automobile of the defendant in Guilford, Vermont, alleged to have been caused by negligence of the defendant. Writ dated April 11, 1912. In the Superior Court the case was tried before Bell, J. The material facts are stated in the opinion.
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Tort for injury to an automobile of the plaintiff from a collision with an automobile of the defendant in Guilford, Vermont, alleged to have been caused by negligence of the defendant. Writ dated April 11, 1912. In the Superior Court the case was tried before Bell, J. The material facts are stated in the opinion. In reply to special questions, the jury answered that at the time of the accident the plaintiff was in the exercise of “ordinary care” but. that the defendant was not, that the negligence of the defendant caused damage to the plaintiff’s automobile to the amount of $199.25, and that…
1Opinion of the CourtSheldon, J.
This accident occurred in Vermont, and the rights of the parties are governed by the law of that State.
Under our decisions the illegal conduct of the plaintiff in operating his machine without a license to do so was merely evidence of negligence on his part. But on the whole evidence the jury have found, not only that he was in the exercise of due care, but also that this illegal conduct did not contribute to the injury sued for. Under our common law, therefore, it was not a bar to his recovery. Holland v. Boston, 213 Mass. 560. Bourne v. Whitman, 209 Mass. 155. Moran v. Dickinson, 204 Mass.…
2Cases cited11 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Dudley v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Chase v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- Trombley v. Stevens-Duryea Co.Massachusetts Supreme Judicial Court · 1910
- Feeley v. City of MelroseMassachusetts Supreme Judicial Court · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Gilman v. Central Vermont Railway Co.Supreme Court of Vermont · 1919
- Santa Maria v. TrottoMassachusetts Supreme Judicial Court · 1937
- Price v. HitafferCourt of Appeals of Maryland · 1933
- Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1924
- Dean v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
17 more not listed; retrieve them via the Exa API.