278 Mass. 83 | Mass. | 1932
This is an action of tort to recover for the conscious suffering and death of the plaintiff’s intestate, resulting from an automobile accident which occurred about 11:30 p.m. on August 11, 1928, on the main highway in the village of Osterville, a part of the town of Barnstable, in this
. In view of these recitals, there is ground for the inference that the defendant has suffered no harm even if there were error in respect to "the issue whether the automobile operated by the defendant and owned by A. Felix DuPont was properly registered so as not to be an outlaw on the highway
The defendant testified that at the time of the accident he was visiting his cousin, A. Felix DuPont, “who has a home on Oyster Island” and was the owner of the car in question; that in the car at the time of the accident were a daughter of A. Felix DuPont, who was spending the summer there at his house, and three other persons who were staying there; that Mr. and Mrs. A. Felix DuPont were also staying there; that A. Felix DuPont had had a summer home in Osterville for a long time, and had servants on the place in the summer of 1928. There was fur
Exhibits 6 and 7, offered in evidence by the plaintiff, were admitted subject to the exceptions of the defendant. Exhibit 6 was a certified copy of the record of the registry of motor vehicles of Massachusetts relating to a certificate of registration issued August 31, 1928, to A. Felix DuPont of a touring car having the same engine number as that described in Exhibit 5, which was the registration of the car in Delaware, and is the same number that the defendant admitted was borne by the car involved in the accident. Exhibit 7 consisted of a certified copy of the Massachusetts registry of motor vehicles relating to a certificate of registration issued February 1, 1928, to A. Felix DuPont of a beach wagon. These exhibits were attested by the registrar as required by G. L. c. 233, § 76, and evidence respecting the same was introduced by the testimony of a clerk employed at the registry of motor vehicles. Exhibit 6 considered in connection with Exhibit 5 was admissible to show that A. Felix DuPont was the owner of the touring car from January 1, 1928, to August 31, 1928, and accordingly that he was the owner at the date of the accident; it was also evidence tending to show
Whether the owner of the automobile operated by the defendant at the time of the accident had a regular place of abode in this Commonwealth for a period of more than thirty days during the year 1928 before August 11 of that year was a question of fact to be determined by the jury upon the entire evidence. We find no error in the rulings relating to the admission of evidence. The requests which involve the question whether the owner of the car had a regular place of abode in this Commonwealth during the year 1928 for more than thirty days in view of the evidence were rightly refused. An examination of the charge fails to disclose any error of law so far as any exceptions were taken. There was no error in the denial of the requests for rulings so far as not covered by the charge.
Exceptions overruled.