[Download] "Doyle v. Goldberg" by Supreme Court of Minnesota * eBook PDF Kindle ePub Free
eBook details
- Title: Doyle v. Goldberg
- Author : Supreme Court of Minnesota
- Release Date : January 01, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
RUGG, Chief Justice. The plaintiff seeks to recover in this action of tort compensation for personal injuries and damage to property sustained by her in February, 1934, while operating an automobile, through the negligence of the defendant in operating an automobile. The trial Judge found for the plaintiff. It has not been argued that there was not sufficient evidence to support the finding that the harm to the plaintiff was caused by the negligence of the defendant. The only question for decision is whether the automobile of the plaintiff was legally registered. The plaintiff stated in her application for registration that her Massachusetts residential address and her Mail Address were 41 Ocean Avenue, Weymouth, Massachusetts, and that the motor vehicle was garaged in Weymouth, Massachusetts. The evidence touching this subject was undisputed and was in substance as follows: Testimony of the plaintiff was that she was part owner of the house in North Weymouth described in her application for registration and lived there. In 1933 she went there about April first and lived there until about November twentieth. Then the water was shut off, although the electricity remained on, the house was closed for the winter and she came to Boston. She was a school teacher in Boston and votes in Boston. In the directory issued by the Boston school department her address is given as Roxbury, which is a part of Boston. She has a room and living quarters in the home of her father at Roxbury. Between January and April she went to Weymouth only occasionally and never stayed over night there, and had no intention of remaining there indefinitely. She remained in Weymouth in the autumn until the weather was bad, when she came to Boston. The home in Roxbury is open in the summer but no one lives there; the family lives at North Weymouth in the summer. The father keeps both homes. In 1934, on January 1 and on April 1, she was in Roxbury. Subject to report at request of the defendant, the plaintiff was permitted to testify that in 1933 she garaged her automobile in Weymouth from April to November and in Roxbury the rest of the year, that she made application for plates for the calendar year 1934 in October, 1933, and received them in November, 1933, and that in October, 1933, she was living in Weymouth. The father of the plaintiff testified that the house at North Weymouth was his summer home and that his daughters lived there with him.