Legal Opinion

Gallagher v. Johnson

Massachusetts Supreme Judicial Court

Decided March 1, 1921PublishedCited by 13 opinions

Two actions of tort, the first action being for personal injuries received on July 21, 1917, when the plaintiff, a boy four years and two months of age, was riding with his father in a motor vehicle which, by reason of alleged negligence of a servant of the defendant, was run into by a motor vehicle of the defendant; and the second action being by the father for damages to his motor vehicle.

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Two actions of tort, the first action being for personal injuries received on July 21, 1917, when the plaintiff, a boy four years and two months of age, was riding with his father in a motor vehicle which, by reason of alleged negligence of a servant of the defendant, was run into by a motor vehicle of the defendant; and the second action being by the father for damages to his motor vehicle. Writs dated August 23, 1917. In the answer in each action, the defendant alleged that “the plaintiff was not himself in the exercise of due care, but was careless and negligent and that such carelessness…

1Opinion of the CourtRugg, C. J.

These are two actions of tort. The first is by a boy four years and two months of age on July 21, 1917, by his father and next friend, to recover compensation for personal injuries arising from a collision on that date between an automobile owned and driven by his father and an automobile owned by the defendant and operated by his servant. The second action is by the father of the plaintiff in the first action to recover expenses incurred by him in the cure of his son rendered necessary by his injuries and also for damages to his automobile. Confessedly the collision of the automobiles took…

2Cases cited6 opinions

  1. Bullard v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1917
  2. Sullivan v. ChadwickMassachusetts Supreme Judicial Court · 1920
  3. Gibbons v. WilliamsMassachusetts Supreme Judicial Court · 1883
  4. Casey v. SmithMassachusetts Supreme Judicial Court · 1890
  5. Marchant v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1917

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. State v. ZobelSouth Dakota Supreme Court · 1965
  2. McDonough v. VozzelaMassachusetts Supreme Judicial Court · 1924
  3. Capano v. MelchionnoMassachusetts Supreme Judicial Court · 1937
  4. Bessey v. SalemmeMassachusetts Supreme Judicial Court · 1939
  5. Howlett v. Dorchester Trust Co.Massachusetts Supreme Judicial Court · 1926

8 more not listed; retrieve them via the Exa API.

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