(Download) "Pontiff v. Alexander" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Pontiff v. Alexander
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 03, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
SPALDING, Justice. In this action of tort for property damage the Judge found for the plaintiff and declined to make certain rulings requested by the defendant which raised the issue whether the Disposition of an action for personal injuries between the parties, which arose out of the same accident, barred as res judicata the present action. This is the only question for decision. From an order of the Appellate Division dismissing the report from the District Court the defendant appealed. The Judge made findings of fact; those material to this appeal may be summarized as follows: An automobile owned and operated by the plaintiff was run into by an automobile operated by the defendant in New Bedford on January 15, 1942. On April 24, 1942, the present action was begun. Later, by a writ dated January 5, 1943, the plaintiff brought, in the same court, a second action against the defendant for personal injuries arising out of the same accident. This case was removed to the Superior Court. Sometime in December, 1944, 'a settlement between the parties was reached and agreements for judgment were executed with the understanding by counsel that such agreements be held off record until the first and second 1 cases instigated in April and May, 1942, were settled.' On February 5, 1945 (three days before the trial of the present case), counsel for the plaintiff filed with the clerk of the court where the case was pending a discontinuance in the action for personal injuries. On the same day presented to the court, ex parte, a motion to non-suit the plaintiff forthwith, and this was allowed.