Sullivan v. Cushing

• Decision Date: 10 December 1937
• Citation: 299 Mass. 38,11 N.E.2d 917
• Parties: SULLIVAN v. CUSHING.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

299 Mass. 38

11 N.E.2d 917

SULLIVAN

v.CUSHING.

Supreme Judicial Court of Massachusetts, Suffolk.

Dec. 10, 1937.

Exceptions from Superior Court, Suffolk County; Walsh, Judge.

Action of tort by Nellie T. Sullivan against Philip G. Cushing. The court ruled that the plaintiff could not recover, and the plaintiff took exceptions.

Exceptions overruled.

Maurice Palais, of Boston, for plaintiff.

K. C. Parker and Sawyer, Hardy, Stone & Morrison, all of Boston, for defendant.

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 willful, 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 in 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 chapter 89, took away from the plaintiff her right to recover compensation for injuries received by her through violation by the defendant of section 4 of said chapter 89. The trial judge rightly ruled that the plaintiff could not recover. The case is governed by Pittsley v. David, Mass., 11 N.E.2d 461.

Exceptions overruled.