(Download) "Pesce v. Brecher" by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free
eBook details
- Title: Pesce v. Brecher
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 01, 1939
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
An auditor to whom this action was referred reported that in a former action for property damage caused by the same accident, brought against the employer of the present plaintiff by the present defendant, after a finding by the trial Judge that the present plaintiff was negligent, judgment was entered against his employer. The auditor further found, contrary to the findings in the former action, that the present plaintiff was not negligent and made other findings favorable to recovery by the present plaintiff. Thereafter the parties to this action stipulated in substance that if upon the facts found by the auditor the former judgment was a defence, judgment should be entered for the defendant in this action, but if on the facts found by the auditor the former judgment was not a defence, judgment should be entered for the plaintiff in this action in the amount found by the auditor with costs. The trial Judge in this action ordered judgment for the defendant, and the plaintiff appeals from the order.