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[Download] "Milton Pinnick v. Carl Cleary" by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free

Milton Pinnick v. Carl Cleary

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eBook details

  • Title: Milton Pinnick v. Carl Cleary
  • Author : Supreme Judicial Court of Massachusetts
  • Release Date : January 29, 1971
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 85 KB

Description

REARDON, J. This bill for declaratory relief comes to us on a reservation and report from the single Justice. It presents
a multifaceted attack on the constitutionality of St. 1970, c. 670, which amends in part chapters 90, 175, and 231 of the
General Laws, and which establishes a modified system of compensation through their own insurers for victims of automobile
accidents regardless of fault. 1 The plaintiff has raised and argued a number of issues which are not presented by what
appears in the record. We realize that where questions of pressing public importance are involved we may in our discretion
express our opinion on matters fully argued even though they are not essential to Disposition of the exact controversy before
the court. School Comm. of Boston v. Board of Educ. 352 Mass. 693, 697. However, such issues raised here by the plaintiff
call for interpretation of terms and provisions of c. 670 which are not self-explanatory and which are not called into question
at all by the record. It is inevitable that this first legislative attempt at a fundamental alteration and modernization of
an important segment of the common law of torts will generate many problems arising out of such provisions. We cannot deal
with these problems in the abstract and refrain therefore from dealing with c. 670 in its effects beyond the set of facts
before us. THE FACTS.


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