Fine v. Kahn
| Decision Date | 07 March 1930 |
| Citation | 170 N.E. 462,270 Mass. 557 |
| Parties | FINE v. KAHN. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
OPINION TEXT STARTS HERE
Exceptions from Superior Court, Middlesex County; Greenhalge, Judge.
Action by Morris Fine against Flora Kahn. On plaintiff's exceptions.
Exceptions overruled.
In action for injuries sustained in automobile collision, finding that real name of plaintiff was ‘Morris R. F.,’ but that at times he used and was known by name of ‘Murray R. F.,’ and that motor vehicle owned and driven by him at time of accident was registered in name of ‘Murray R. F.,’ was not a finding that plaintiff was commonly known by ‘Murray R. F.,’ the name in which his motor vehicle was registered.
Where plaintiff's automobile was registered in name which plaintiff assumed on rare occasions, and not in name by which he was commonly known, automobile was not registered in accordance with G. L. c. 90, s 2, as amended, and it was therefore an outlaw on highway.
Where plaintiff's automobile with which defendant's automobile collided was not registered according to G. L. c. 90, s 2, as amended, because it was registered in name which plaintiff assumed on rare occasions and was a trespasser upon highway, plaintiff had no rights against other travelers, except to be protected from reckless or wanton injury, and could not recover, where injuries sustained were not recklessly or wantonly inflicted by defendant.
M. H. Golburgh, of Boston, for plaintiff.
J. W. Coughlin, of Boston, for defendant.
This is an action of tort whereby the plaintiff seeks to recover compensation for injuries to person and property caused by reason of collision with a motor vehicle operated by the defendant. The plaintiff was the owner and driver of one of the two motor vehicles involved in the accident. The trial judge, hearing the case without a jury, found upon all the evidence that the real name of the plaintiff was Morris R. Fine ‘but that at times he used and was known by the name of Murray R. Fine,’ and that the motor vehicle owned and driven by him at the time of the accident was registered in the name of Murray R. Fine.
[1][2][3] This was not equivalent to a finding that the plaintiff was commonly known by the name Murray R. Fine. The finding at most means that once in a while he assumed that name. The finding goes no further than to indicate that in restricted connections and...
To continue reading
Request your trial
-
Bridges v. Hart
...or instance and was not engaged in business of any kind, it was held that the automobile was not legally registered. And in Fine v. Kahn, 270 Mass. 557, 170 N.E. 462, where the plaintiff, whose real name was Morris R. Fine, ‘at times * * * used and was known by the name of Murray R. Fine’ a......
-
Bridges v. Hart
...of Murray R. Fine" and had registered his automobile in the latter name, it was held that the registration was illegal. The court said, at page 558, that the finding of the trial judge that at times Fine used and was known by the name of Murray R. Fine was not equivalent to a finding that h......
-
Crean v. Boston Elevated Ry. Co.
... ... Converse, 227 Mass. 162, 165, 116 N.E. 507; Bacon v ... Boston Elevated Railway Co., 256 Mass. 30, 152 N.E. 35, ... 47 A.L.R. 1100; Fine v. Kahn, 270 Mass. 557, 170 ... N.E. 462; Roselli v. Riseman, 280 Mass. 338, 182 ... N.E. 567; [198 N.E. 173] Furtado v. Humphrey, 284 Mass. 570, ... ...
-
Korsun v. McManus
... ... 184 , 187. Koley v. Williams, 265 Mass. 601 , 602 ... Bridges v. Hart, 302 Mass. 239 , 243. Puro v ... Heikkinen, 316 Mass. 262 , 265. See Fine v ... Kahn, 270 Mass. 557 , 558. The statute has for its main ... purpose the facilitating of identification of the owner of ... the vehicle, and ... ...