Legal Opinion

Ducey v. Inhabitants of Webster

Massachusetts Supreme Judicial Court

Decided March 2, 1921PublishedCited by 7 opinions

Tort for personal injuries received when the plaintiff was run into by an ambulance being driven by a servant or agent of the defendant. Writ dated November 23, 1917. In the Superior Court the action was tried before Hammond, J. Material evidence and the substance of special findings of, the jury are described in the opinion.

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Tort for personal injuries received when the plaintiff was run into by an ambulance being driven by a servant or agent of the defendant. Writ dated November 23, 1917. In the Superior Court the action was tried before Hammond, J. Material evidence and the substance of special findings of, the jury are described in the opinion. The judge, without a general verdict being taken, under St. 1913, c. 716, § 2, reported the action to this court for determination, with the stipulation that if, upon the facts and answers, the plaintiff was entitled to a verdict, then judgment should be entered for the…

1Opinion of the CourtCarroll, J.

The plaintiff, a traveller on a public way, was run into and injured by an automobile ambulance owned by the defendant and operated by one of its agents. The ambulance was “purchased and put in charge of the selectmen of Webster by a vote or votes regularly passed in the town meeting;” and was *498used “by the town in conveying the inhabitants thereof to hospitals outside the town whenever occasion required, which service was free to residents of Webster.” It was also used to carry passengers from surrounding towns, a charge being made for such services. When the plaintiff was injured, the…

2Cases cited19 opinions

  1. Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
  2. Todd v. Dowd's heirsCourt of Appeals of Kentucky · 1858
  3. Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
  4. Wheelock v. City of LowellMassachusetts Supreme Judicial Court · 1907
  5. Neff v. Inhabitants of WellesleyMassachusetts Supreme Judicial Court · 1889

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3Cited by7 opinions

  1. Burnham v. Mayor & Aldermen of BeverlyMassachusetts Supreme Judicial Court · 1941
  2. Attorney General v. City of LowellMassachusetts Supreme Judicial Court · 1923
  3. Briggs v. Merchants National BankMassachusetts Supreme Judicial Court · 1948
  4. Fox v. Board for Louisville & Jefferson County Children's HomeCourt of Appeals of Kentucky (pre-1976) · 1932
  5. Ducey v. BrunellMassachusetts Supreme Judicial Court · 1924

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