Mulvey v. City of Boston

83 N.E. 402, 197 Mass. 178, 1908 Mass. LEXIS 689
CourtMassachusetts Supreme Judicial Court
DecidedJanuary 14, 1908
StatusPublished
Cited by103 cases

This text of 83 N.E. 402 (Mulvey v. City of Boston) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mulvey v. City of Boston, 83 N.E. 402, 197 Mass. 178, 1908 Mass. LEXIS 689 (Mass. 1908).

Opinion

Kxowltox, C. J.

The report in this ease presents the single question whether the plaintiff’s action is barred by the statute of limitations. The action is by a husband, to recover for the loss of services of his wife and for the expenses of her illness resulting from an injury received by her through the alleged negligence of the defendant’s servants. By the St. of 1902, c. 406, the statute of limitations was so amended as to require that “ actions of tort for injuries to the person, against counties, cities and towns, shall be commenced only within two years next after the cause of action accrues.” Under the statute previously in force such actions were barred only by the lapse of six years. B,. L. c. 202, § 2, cl. 2.

The injury to the plaintiff’s wife, on which his action is founded, was an injury to her person. The first question to be determined is whether the husband’s action is for an injury to the person within the meaning of the statute. The language of the statute is not restricted to actions for injuries to the person of the plaintiff, and we think it is broad enough to include all actions of tort founded on injuries to the person of any one in such relations to the plaintiff that the injury causes him damage. There is nothing in the context to indicate that the words are used in a narrow sense, or that the actions referred to are only those brought by the person receiving the physical impact. The word “ for ” is used in its ordinary signification of “ on account of,” “ because or by means of,” or “ growing out of.” See Strong v. Sun Ins. Co. 31 N. Y. 103; State v. Cornell, 54 Neb. 647, 655. The term “ action for a personal injury,” or “ for an injury to the person,” has been given a meaning broad enough to include the present case in the following decisions: Maxon v. Delaware, Lackawana & Western Railroad, 112 N. Y. 559, Hutcherson v. Durden, 113 Ga. 987, Bennett v. Bennett, 116 N. Y. 584, 587, Williams v. Williams, 20 Col. 51, Wightman v. Devere, 33 Wis. 570, and New v. Southern Railway, 116 Ga. 147. While some of these eases may go further than we should be willing to follow, we have no hesitation in deciding that the present is an action for a personal injury, within the meaning of the statute.

In ascertaining the meaning of statutes it is a "general rule that they are intended to operate prospectively and not retroac[181]*181lively. It follows, therefore, that, in the absence of an express provision to that effect, they do not relate back, to change previously existing substantive rights of property. Most such rights cannot constitutionally be affected by legislation. But in the prospective operation of a statute which deals only with remedies and the enforcement of rights, the future procedure under the new legislation is as applicable to previously existing substantive rights as to those afterwards acquired. Statutes of limitation relate only to the remedy, and they control future procedure in reference to previously existing causes of action. This is the general rule in regard to such statutes, where they contain no language clearly limiting their application to causes of action arising in the future. In Brigham v. Bigelow, 12 Met. 268, 275, Chief Justice Shaw said, in regard to a change of the statute of limitations, “ If, then, the statute has no effect on the contract which is passed when it is made, but only on the remedy which is then future, it has no retrospective operation and cannot be avoided on that ground.” In Darling v. Wells, 1 Cush. 508, 510, we find these words: “ The whole effect of the new statute was prospective, as it regarded an action to recover an existing debt not barred at the time, and therefore it was not open to the objection against retroactive laws.” To the same effect is Loring v. Alline, 9 Cush. 68, in which Chief Justice Shaw said, “Indeed, we think it the common practice and open to no objection, in passing a statute of limitation, to make it apply as well to causes of action which have already accrued as to those which may after-wards accrue, if sufficient time be allowed between the passing of the act and the time fixed for the limitation to afford a full and ample time to all persons having such causes of action to commence their suits.” Other eases in which the same principle is applied are, Smith v. Morrison, 22 Pick. 430; Wright v. Oakley, 5 Met. 400, 407; Willard v. Olark, 7 Met. 435; O’Gara v. Neylon, 161 Mass. 140; Bigelow v. Bemis, 2 Allen, 496.

The case of King v. Tirrell, 2 Gray, 331, relied on by the plaintiff, is not at variance with this doctrine. The statute considered in it, reducing the time within which certain actions could be brought, applied as well to existing as to future causes of action. This is made plain in Bigelow v. Bemis, 2 Allen, 496. [182]*182The language of the act was held applicable only to cases in which the bond of the executor or administrator was given subsequently to the enactment; but in all such cases the new limitation of time applied to causes of action existing before the enactment as well as to those accruing afterwards. This provision of the statute was changed by the St. 1855, c. 283, so as to exclude from the limitation pre-existing causes of action, and this last act was subsequently repealed by the Gen. Sts. c. 182.

The only difficult question in the present case arises from the fact that there might be claims which 'had existed without suit nearly two years before the act took effect, and which would therefore be barred by the statute quickly. Upon these a suit could be brought, after the passage of the act, only during the period of thirty days between the time of its passage and the time of its taking effect. There is ground for an argument that this time is too short to be reasonable, and that a statute limiting the rights so closely would be unconstitutional. It may be contended, either that the statute must be construed as not applying to existing causes of action because the Legislature must have intended it to have a meaning which would leave it valid, or, if it is given a different meaning, that it must be set aside as unconstitutional.

A statute declaring that a period already elapsed should bar an action upon a contract would be an arbitrary destruction of contractual rights, and would be unconstitutional. Brigham v. Bigelow, 12 Met. 268, 273. Sanford v. Hampden Paint & Chemical Co. 179 Mass. 10, 14. Sohn V. Watterson, 17 Wall. 596. Terry v. Anderson, 95 U. S. 628. Turner v. New York, 168 U. S. 90. Saranac Land & Timber Co. v. New York, 177 U. S. 318. Wilson v. Iseminger, 185 U. S. 55. Soper v. Lawrence, 201 U. S. 359, 369, 370. But if a reasonable time is allowed within which an action may be brought after the passage of the statute, the act is unobjectionable.

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Bluebook (online)
83 N.E. 402, 197 Mass. 178, 1908 Mass. LEXIS 689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mulvey-v-city-of-boston-mass-1908.