(Download) "Mclearn v. Hill" by Supreme Court of Minnesota # Book PDF Kindle ePub Free
eBook details
- Title: Mclearn v. Hill
- Author : Supreme Court of Minnesota
- Release Date : January 12, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
RUGG, C. J. This is an action of tort to recover compensation for personal injuries alleged to have been sustained by the plaintiff on December 9, 1927, through the negligent operation of a motor vehicle owned by the defendant and driven by his agent acting within the scope of his employment. In his answer the defendant, amongst other matters, pleaded the statute of limitations, whereby it is required that an action of this nature be brought within one year after the cause of action accrues. The plaintiff was allowed during the trial to file a replication to that part of the answer. G. L. c. 231, 34, 35; Comstock v. Livingston, 210 Mass. 581, 97 N.E. 106. In support of his replication the plaintiff offered to prove these facts: On April 27, 1928, the plaintiff commenced an action in a municipal court for the same cause as the present action. The answer of the defendant to that action was a general denial alone. Toward end of the year that case was in order for trial and the plaintiff was prepared to proceed to trial. Counsel for the defendant then suggested to counsel for the plaintiff that there were a number of cases growing out of the same accident pending in the Superior Court and that, in order to save several trials in different cases on the same facts, he felt that the case should be brought in the Superior Court and there tried with the other cases. In reply, counsel for the plaintiff stated that he was willing to discontinue the pending case and start a new one in the Superior Court, provided all opposing counsel would agree that it could be tried with other pending cases and would not have to wait to be tried in its order. An agreement to that effect was made. Conference and correspondence touching the suggestion and ultimate arrangement lasted a number of weeks, if not months. Shortly thereafter, and in reliance by counsel for the plaintiff upon all that had occurred, on January 28, 1929, the action in the municipal court was discontinued and on the same date the present action was instituted. The answer of the defendant, filed on March 15, 1929, set up the statute of limitations as well as other defences including a general deniel, but no copy was sent to the plaintiff as required by Common Law Rule 9 of the Superior Court (1923). Counsel for the plaintiff overlooked the fact that no copy had been received by him and assumed that the answer was the same as in the earlier action. At the trial in the Superior Court pleadings were not read in open court because eighteen cases were involved, and it was not until motion was made for a directed verdict in favor of the defendant on the ground of the statute of limitations that this defense came to the attention of counsel for the plaintiff.
 "Mclearn v. Hill" by Supreme Court of Minnesota # Book PDF Kindle ePub Free){kind=link}