Gifford v. Spehr

The plaintiffs sustained injuries on October 30, 1965, in an automobile accident in Massachusetts. The defendant (Spehr) was a resident of Bronxville, New York. An action (action no. 1), initiated by writ dated October 27, 1967, was discontinued on September 9, 1968, because, after service on the Registrar of Motor Vehicles, no notice was "forthwith . . . sent [to the defendant] by registered mail.” See G. L. c. 90, § 3C (as appearing in St. 1937, c, 387). No affidavit of compliance with § 3C was filed. See Nickerson v. Fales, 342 Mass. 194, 198-200.

In reliance on G. L. c. 260, § 32, quoted…