(Download) "Restighini v. Hanagan Et Al. (Three Cases)" by Supreme Judicial Court of Massachusetts ~ Book PDF Kindle ePub Free
eBook details
- Title: Restighini v. Hanagan Et Al. (Three Cases)
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 05, 1939
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
RONAN, Justice. These are three bills in equity under G.L. (Ter.Ed.) c. 175, § 113, and c. 214, § 3(10), to enforce the liability of the defendant company under a policy issued by it pursuant to the compulsory motor vehicle insurance law. G.L. (Ter.Ed.) c. 90, §§ 34A-34J. The plaintiffs had recovered judgments against Hanagan for personal injuries sustained by them by reason of his negligent operation of an automobile owned by one O'Connell. The trial Judge made a voluntary finding of facts in each case which included the following: 'I find as a fact that Timothy O'Connell did not grant express permission to Hanagan to operate the car at the time when it left the grove, or at any other time subsequently, and in view of the evidence I am not able to find that Timothy O'Connell gave any implied consent to Hanagan to so operate.' The plaintiffs appealed from final decrees dismissing the bills. The evidence, all of which is reported, presents a conflict on the question whether Hanagan was a 'person responsible for the operation of the insured's motor vehicle with his express or implied consent.' G.L. (Ter.Ed.) c. 90, § 34A. It is not necessary to recite the evidence in detail. The credibility of the witnesses was for the trial Judge, and his finding that Hanagan did not have consent to use the automobile not being plainly wrong, cannot be disturbed. Johnson v. O'Lalor, 279 Mass. 10, 180 N.E. 525; Novo v. Employers' Liability Assurance Corp., Ltd., Mass., 3 N.E.2d 737; Dickinson v. Great American Indemnity Co., Mass., 6 N.E.2d 439; Bresnahan v. Lumbermen's Mutual Casualty Co., Mass., 9 N.E.2d 374; Gearin v. Walsh, Mass., 12 N.E.2d 66.
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