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Abstract

The plaintiff was injured when struck by an automobile operated on the public way by defendant Long. He brought two suits in tort, one against Long, the other against Adamski, the owner of the car. Defendants contested his right to sue on the ground that he was in the country admittedly in violation of the immigration laws. They offered the further objection that his illegal presence made him a trespasser on the highway, and hence, under the Massachusetts doctrine, he was ineligible to maintain a suit arising from mere negligence. Held, plaintiff's unlawful residence in the country was no bar to these actions, nor was he for that reason a trespasser on the road. Janusis v. Long, Janusis v. Adamski, (Mass. 1933) 188 N. E. 228.

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