Legal Opinion

Shufelt v. McCartin

Massachusetts Supreme Judicial Court

Decided February 28, 1920PublishedCited by 16 opinions

Two actions of tort, the first action being for personal injuries received when the plaintiff was riding in a motor car, which was owned and operated by her husband, the plaintiff in the second action, and was run into by the defendant; and the second action being for damages to the motor car and for consequential damages resulting from the injuries received by the plaintiff in the first action.

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Two actions of tort, the first action being for personal injuries received when the plaintiff was riding in a motor car, which was owned and operated by her husband, the plaintiff in the second action, and was run into by the defendant; and the second action being for damages to the motor car and for consequential damages resulting from the injuries received by the plaintiff in the first action. Writs dated respectively June 22 and July 5, 1917. In the Superior Court, the actions were tried together before McLaughlin, J. The material evidence, certain rulings of the judge which were excepted…

1Opinion of the CourtPierce, J.

These are two actions of tort by a husband and wife, for consequential and direct damages resulting from a collision on a public highway on June 16, 1917, of an automobile, owned and operated by the husband, with an automobile owned by the defendant and his sister, and operated by the defendant. There was sufficient evidence upon which the jury might properly have found that the accident resulted from the negligence of the defendant or from the negligence of the husband; the evidence also would warrant a finding that the husband and the defendant were in the exercise of due care. The car was…

2Cases cited3 opinions

  1. Downey v. Bay State Street RailwayMassachusetts Supreme Judicial Court · 1916
  2. Hurnanen v. NicksaMassachusetts Supreme Judicial Court · 1917
  3. Rolli v. ConverseMassachusetts Supreme Judicial Court · 1917

3Cited by16 opinions

  1. Nash v. LangMassachusetts Supreme Judicial Court · 1929
  2. Leone v. DoranMassachusetts Supreme Judicial Court · 1973
  3. Santa Maria v. TrottoMassachusetts Supreme Judicial Court · 1937
  4. Capano v. MelchionnoMassachusetts Supreme Judicial Court · 1937
  5. Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1924

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