Read v. Huber
Read v. Huber
Opinion of the Court
This is an action of tort to recover compensation for personal injuries sustained by the plaintiff. The writ was dated January 13, 1937. There was a finding for the defendant in the Municipal Court of the City of Boston. A report to the Appellate Division was dismissed and the plaintiff appealed.
The plaintiff was injured on May 1, 1935, more than a year before the action was commenced, in a city yard of the city of Boston (not a public way), while engaged in loading a motor truck, owned by the city of Boston, as a result of negligent operation of this truck by the defendant, an employee of the city. These facts are not now in controversy. The question presented for decision is whether on these facts the action was barred by G. L. (Ter. Ed.) c. 260, § 4, as amended by St. 1934, c. 291, § 4.
We think that the action was so barred. It is clearly within the terms of this statute providing that certain actions therein described “and also actions of tort for bodily injuries or for death or for damage to property against
The context of the clause in question and the history of the legislation furnish no such ground. The actions described in the clause immediately preceding this clause include “actions of tort for bodily injuries or for death the payment of judgments in which is required to be secured by chapter ninety.” These actions, by force of the reference to such judgments, are limited to actions arising out of motor vehicle accidents on public ways within the Commonwealth. See G. L. (Ter. Ed.) c. 90, § 34A, as amended. But it does not follow that the same limitation applies to the actions described in the clause now in question. Whatever may have been true before St. 1934, c. 291, § 4, substituted in this clause the words “actions of tort for bodily injuries or for death or for damage to property” for the words “such actions,” there is now nothing in the language of the clause incorporating therein any restriction made by the preceding clause. It is immaterial whether the amendment changed or merely clarified the law, and it is not to be assumed that the change in language was made inadvertently. The clause must be interpreted as it now stands. Moreover, the inclusion in the clause in question —■ resulting from the amendment of G. L. (Ter. Ed.) c. 260, § 4, by St. 1933, c. 318, § 5 — of actions arising out of the operation of vehicles “other” than motor vehicles furnishes some indication that the restrictions of the preceding clause are not carried over into this clause. Nothing in the statute relating to the indemnification of city and town employees
Order dismissing report affirmed.
Reference
- Full Case Name
- Edwin S. Read v. William Huber
- Status
- Published