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eBook details

• Title: Rummel v. Peters (Two Cases)
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 13, 1943
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

LUMMUS, Justice. On March 23, 1940, the plaintiffs, husband and wife, were riding in an automobile operated by the male plaintiff in Brookline, when his automobile was damaged and the female plaintiff was hurt by an automobile operated by the defendant which ran into the rear of the automobile in which they were riding. The defendant concedes that there was evidence of his negligence, and does not now contend that the plaintiffs were guilty of contributory negligence unless it was in operating or riding in an automobile which was not properly registered. Van Dresser v. Firlings, 305 Mass. 51, 56, 24 N.E.2d 969; Conningford v. Cote, 308 Mass. 472, 475, 476, 32 N.E.2d 692. The answers set up not only contributory negligence, but also operation without legal registration. After findings for the plaintiffs, the defendant claimed a report because of the refusal of certain requested rulings. The Appellate Division dismissed the report, and the defendant appealed to this court. The following findings were made. The male plaintiff lived in Pennsylvania all his life. His automobile was registered there in his name from January 1, 1940, until after the accident, and bore Pennsylvania registration plates at the time of the accident. But it had been registered in Massachusetts in his name during the year 1939. On his application for registration in 1939 he gave his 'Massachusetts residential address' as '6 Autumn St., Brookline, Mass.' and gave no other address although the form directed as follows '(If non-resident, give legal address also).' He testified that at the time of the accident his residential status was the same as in 1939. The plaintiffs were married in Pennsylvania, and about 1934 came to Massachusetts, where the male plaintiff studied at Harvard for two years for a degree of Master of Education, teaching school meantime in Newton under a teaching fellowship from Harvard. Then he studied three years at Boston University in order to obtain a degree of Doctor of Philosophy, teaching meanwhile at a school in Boston where he received $10 a week. He also received a credit on his tuition of $375 a year for working as an assistant in a department in Boston University. He obtained the last named degree in June, 1940. During these years the plaintiffs spent nine or ten months of each year in Massachusetts, returning home to Pennsylvania for the summer and the Christmas vacation. For the last three years they had an apartment on Autumn Street in Boston which they furnished themselves. Both had Massachusetts licenses to operate motor vehicles at the time of the accident, and the male plaintiff had a liability policy in accordance with the Massachusetts statute, G.L. (Ter.Ed.) c. 90, § 3, as revised by St.1939, c. 325.

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