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Sullivan v. Cushing

Nellie T. Sullivan v. Phillip G. Cushing

Sullivan v. Cushing, 11 N.E.2d 917 (Mass. 1937)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
December 10, 1937
Citations
11 N.E.2d 917299 Mass. 381937 Mass. LEXIS 958

Opinion of the Court

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By the Court.

This is an action of tort whereby the plaintiff seeks to recover compensation for personal injuries received in July, 1934, in an accident in this Commonwealth, while she was a guest in the defendant’s automobile. The case was referred to an auditor whose finding was that the conduct of the defendant did not constitute gross negligence or wilful, wanton, reckless disregard for the safety of the plaintiff. He found that the injury of the plaintiff was sustained by reason of violation by the defendant of G. L. (Ter. Ed.) c. 89, § 4. The only issue of law involved is whether St. 1936, c. 49, amending G. L. (Ter. Ed.) c. 89, § 5, by striking out the provision for civil liability for violation of the preceding sections of said c. 89, took away from the plaintiff her right to recover compensation for injuries received by her through violation by the defendant of § 4 of said c. 89. The trial judge rightly ruled that the plaintiff could not recover. The case is governed by Pittsley v. David, 298 Mass. 552 .

Exceptions overruled.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1938: 11939: 11956: 119382026peak 1938 · 1

Relies on it most ⓘ

  1. Marquis v. Messier22 N.E.2d 473 (Mass. 1939)
  2. Finnegan v. Checker Taxi Co.14 N.E.2d 127 (Mass. 1938)
  3. Nayor v. Rent Board of Brookline134 N.E.2d 419 (Mass. 1956)

Most recent

  1. Nayor v. Rent Board of Brookline134 N.E.2d 419 (Mass. 1956)
  2. Marquis v. Messier22 N.E.2d 473 (Mass. 1939)
  3. Finnegan v. Checker Taxi Co.14 N.E.2d 127 (Mass. 1938)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Pittsley v. David, 11 N.E.2d 461 (Mass. 1937) 47

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