(Download) "Joseph Noyes & Another v. Jane E." by Appeals Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Joseph Noyes & Another v. Jane E.
- Author : Appeals Court of Massachusetts
- Release Date : January 08, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
In a tort action arising from an automobile accident in which a wife sustained injuries when a vehicle being operated by her
husband collided with a vehicle operated by a third party, the husband was entitled, after having reached a settlement with
his wife, to be discharged from all liability for contribution to the third party under G. L. c. 231B, § 4, where
the fact that the amount of the settlement was low in comparison to the wife's estimate of her own damages, by itself, was
not material, and where the third party made no suggestion that the settlement was collusive or otherwise wrongful. [188-191] In a tort action arising from an automobile accident in which a wife sustained injuries when a vehicle being operated by
her husband collided with a vehicle operated by a third party and in which the husband was found to be contributorily negligent,
the Judge correctly denied the husband's motion for a judgment notwithstanding the verdict, or in the alternative, for a new
trial, where there was ample evidence presented at trial to support a finding of some causal negligence on the part of the
husband; moreover, the Judge's instruction to the jury based upon G. L. c. 90, § 17, making it prima facie evidence
of operation at an unreasonable rate of speed to exceed a speed of thirty miles per hour for a distance of more than one-eighth
of a mile inside a thickly settled or business district, was in the circumstances proper. [192-194]
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