Portland Gaslight Co. v. Ruud
| Court | United States State Supreme Judicial Court of Massachusetts |
| Writing for the Court | BRALEY |
| Citation | 242 Mass. 272,136 N.E. 75 |
| Parties | PORTLAND GASLIGHT CO. v. RUUD. RILEY v. SAME. FOURNIER v. SAME. |
| Decision Date | 01 July 1922 |
242 Mass. 272
136 N.E. 75
PORTLAND GASLIGHT CO.
v.
RUUD.
RILEY
v.
SAME.
FOURNIER
v.
SAME.
Supreme Judicial Court of Massachusetts, Suffolk.
July 1, 1922.
Exceptions from Superior Court, Suffolk County; John A. Aiken, Judge.
Three actions-by the Portland Gaslight Company, by Andrew Riley, and by Walter Fournier-against Gabriel A. Ruud, for damages to a coal truck owned by the Gaslight Company and personal injuries sustained by the other two plaintiffs in a collision with defendant's automobile. Verdicts for plaintiffs, and defendant brings exceptions. Exceptions overruled.
The declarations in the actions by Riley and Fournier alleged that the actions were brought in the names of such plaintiffs for the benefit of the Fidelity & Casualty Company of New York and the Portland Gaslight Company. Subject to defendant's exception, he was cross-examined as to his conveyance of the house in which he lived to his daughter after learning of plaintiffs' intent to sue for the damages suffered because of the collision. In the Gaslight Company action, defendant requested a ruling that plaintiff could not recover any sums of money paid by it or by the Fidelity & Casualty Company to Fournier and Riley. In the other two actions defendant requested rulings that on all the evidence plaintiff had assigned his right of action to the Gaslight Company and to the Fidelity & Casualty Company, and that plaintiff could not recover under the form of declaration. Defendant excepted to the refusal of these requests. The court charged that evidence concerning payments by the insurance company should be disregarded, and defendant excepted thereto. Defendant also excepted to the court's direction that certain insurance papers should not be sent to the jury. The jury returned verdicts of $850 in favor of the Gaslight Company, $1,500 in favor of Riley, and $200 in favor of Fournier.
[136 N.E. 76]
Samuel [242 Mass. 274]D. Elmore, of Boston, for plaintiffs.
Obert Sletten and William W. Risk, both of Boston, for defendant.
BRALEY, J.
We assume from the recitals in the record that on conflicting evidence the jury could find that the defendant's negligence in the operation of his car caused the collision between the car and the gaslight company's coal truck while they were passing ‘on the main highway * * * in the town of Dunstable, Maine,’ damaging the truck, and causing personal injury to the plaintiff Fournier, the driver, and the plaintiff Riley, the helper, employees of the company.
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Nolan v. Borkowski, No. 1323
...Gaddis, 372 So.2d 1099, 1102 (Ala.1979); Bush v. Jackson, Page 1036 [191 Colo. 249], 552 P.2d 509 (1976); Portland Gas Light Co. v. Ruud, 242 Mass. 272, 136 N.E. 75 (1922); Cox v. Wright-Hennepin Cooperative Electric Assn., 281 Minn. 228, 161 N.W.2d 294 (1968)." Batick v. Seymour, supra, at......
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Kraft Power Corp. v. Merrill, SJC–11063.
...right to payment from the decedent, survival was not an issue. See id. at 220, 184 N.E. 670. Compare Portland Gaslight Co. v. Ruud, 242 Mass. 272, 274–275, 136 N.E. 75 (1922) (describing conveyance of defendant's home to his daughter to avoid paying damages in anticipated tort suit). Here, ......
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Batick v. Seymour
...Poston v. Gaddis, 372 So.2d 1099, 1102 (Ala.1979); Bush v. Jackson, 191 Colo. 249, 552 P.2d 509 (1976); Portland Gas Light Co. v. Ruud, 242 Mass. 272, 136 N.E. 75 (1922); Cox v. Wright-Hennepin Cooperative Electric Assn., 281 Minn. 228, 161 N.W.2d 294 (1968). 2 While it is true [186 Conn. 6......
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Wilson v. Grace
...v. Whipple, 10 Allen, 27, 31, 87 Am. Dec. 618;Bennett v. Susser, 191 Mass. 329, 331, 77 N. E. 884;Portland Gas Light Co. v. Ruud, 242 Mass. 272, 275, 136 N. E. 75. In the case brought by Sophie Wilson the exceptions must be overruled. In the case brought by Morris Wilson the verdict on coun......
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Nolan v. Borkowski, No. 1323
...Gaddis, 372 So.2d 1099, 1102 (Ala.1979); Bush v. Jackson, Page 1036 [191 Colo. 249], 552 P.2d 509 (1976); Portland Gas Light Co. v. Ruud, 242 Mass. 272, 136 N.E. 75 (1922); Cox v. Wright-Hennepin Cooperative Electric Assn., 281 Minn. 228, 161 N.W.2d 294 (1968)." Batick v. Seymour, supr......
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Kraft Power Corp. v. Merrill, SJC–11063.
...right to payment from the decedent, survival was not an issue. See id. at 220, 184 N.E. 670. Compare Portland Gaslight Co. v. Ruud, 242 Mass. 272, 274–275, 136 N.E. 75 (1922) (describing conveyance of defendant's home to his daughter to avoid paying damages in anticipated tort suit). Here, ......
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Batick v. Seymour
...Poston v. Gaddis, 372 So.2d 1099, 1102 (Ala.1979); Bush v. Jackson, 191 Colo. 249, 552 P.2d 509 (1976); Portland Gas Light Co. v. Ruud, 242 Mass. 272, 136 N.E. 75 (1922); Cox v. Wright-Hennepin Cooperative Electric Assn., 281 Minn. 228, 161 N.W.2d 294 (1968). 2 While it is true [186 Conn. 6......
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Wilson v. Grace
...v. Whipple, 10 Allen, 27, 31, 87 Am. Dec. 618;Bennett v. Susser, 191 Mass. 329, 331, 77 N. E. 884;Portland Gas Light Co. v. Ruud, 242 Mass. 272, 275, 136 N. E. 75. In the case brought by Sophie Wilson the exceptions must be overruled. In the case brought by Morris Wilson the verdict on coun......