GIFFORD v. SPEHR


358 Mass. 658 (1971)

266 N.E.2d 657

BARBARA GIFFORD & another vs. HELENE J. SPEHR.

Supreme Judicial Court of Massachusetts, Suffolk.

February 8, 1971.


Attorney(s) appearing for the Case

Edward W. Waystack (John J. Cogavin with him) for the defendant.

Robert C. Hahn for the plaintiffs.

Present: TAURO, C.J., SPALDING, CUTTER, REARDON, & QUIRICO, JJ.


CUTTER, J.

The plaintiffs sustained injuries on October 30, 1965, in an automobile accident in Massachusetts. The defendant (Spehr) was a resident of Bronxville, New York. An action (action no. 1), initiated by writ dated October 27, 1967, was discontinued on September 9, 1968, because, after service on the Registrar of Motor Vehicles, no notice was "forthwith ... sent [to the defendant] by registered mail." See G.L.c. 90, § 3C (as appearing in St. 1937, c. 387...

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