(Download) "Sciaraffa v. Debler" by Supreme Judicial Court of Massachusetts " Book PDF Kindle ePub Free
eBook details
- Title: Sciaraffa v. Debler
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 30, 1939
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
RONAN, Justice. The plaintiff, a minor on January 5, 1935, was upon that date injured through the negligent operation of an automobile by the defendant, Debler, against whom the plaintiff, in an action brought in a district court in his behalf by his father, Luigi Sciaraffa, recovered a judgment of $1,250 which has been paid. In that case, the plaintiff contended that he was entitled to recover for hospital and medical expenses incurred on account of his injuries, but the Judge ruled that 'the plaintiff minor is not entitled to recover his hospital and doctor's bills in this, his own action to recover for his injuries.' Such expenses were not included in the judgment of $1,250. The plaintiff became of age on March 21, 1937, paid the hospital and medical expenses resulting from his accident and recovered a judgment on December 17, 1937, against Debler, upon which an execution issued that has not been satisfied. The present bill is brought under G.L.(Ter.Ed.) c. 175, § 113; c. 214, § 3, cl. 10, to require the defendant insurance company, which had issued a motor vehicle liability policy in accordance with G.L.(Ter.Ed.) c. 90, § 34A, to satisfy this judgment. After a hearing upon the bill, the Judge found that the plaintiff's father on May 31, 1938, brought an action against the defendant to recover for the same damages upon which the judgment now attempted to be enforced was rendered; and that the father's action is pending in the District Court upon the defendant Debler's motion to remove the default entered against him. In the Superior Court the Judge found that the judgment for medical expenses which the plaintiff seeks to require the insurance company to pay 'was for expenses incurred because of the injuries which the plaintiff, a minor, sustained, said bills being incurred while he was then a minor; that at the time these expenses were incurred they became the obligations of his father.' The plaintiff appealed from a final decree dismissing the bill against the insurance company and establishing the indebtedness of Debler to the plaintiff in the amount of the judgment. Debler did not appeal.