(Download) "Solomon v. Dabrowski Et Al." by Supreme Judicial Court of Massachusetts * eBook PDF Kindle ePub Free
eBook details
- Title: Solomon v. Dabrowski Et Al.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 10, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
QUA, Justice. This action for death of the plaintiff's intestate was tried with seven other actions, all arising out of a collision in Cheshire between an automobile in which the plaintiff's intestate and one Meloveck were passengers and a motor truck operated by one Jura for whose conduct the plaintiff contended the defendants in this action were responsible. Among the actions tried with this one were actions by Meloveck against the driver and the owner of the automobile in which the plaintiff's intestate and Meloveck were riding. The Judge admitted evidence that the defendants had caused a sum of money to be paid to Meloveck upon a covenant by him not to sue the defendants. This evidence was clearly competent in reduction of any damages recoverable by Meloveck in his actions. O'Neil v. National Oil Co., 231 Mass. 20, 29, 120 N.E. 107. Counsel for the present defendants excepted to the admission of this evidence, but did not at the time of its admission request the Judge to instruct the jury that it did not apply to the action against the defendants or to limit its application in any way, and the Judge did not do so. At the close of the evidence the defendants requested the Judge to instruct the jury that they were not to consider the fact that payment was made to Meloveck as in any was bearing upon or affecting the issues in this case. The Judge refused this request.
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