Herlihy v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, with a declaration, as amended, containing counts under St. 1909, c. 514, § 128, and counts under 35 U. S. Sts. at Large, c. 149, as amended, for the conscious suffering and the causing of the death of the plaintiff’s intestate, John Herlihy, while he was in the employ of the defendant as a switchman in its yard in that part of Boston called Roxbury.
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Tort, with a declaration, as amended, containing counts under St. 1909, c. 514, § 128, and counts under 35 U. S. Sts. at Large, c. 149, as amended, for the conscious suffering and the causing of the death of the plaintiff’s intestate, John Herlihy, while he was in the employ of the defendant as a switchman in its yard in that part of Boston called Roxbury. Writ dated November 25, 1912. In the Superior Court the action was tried before Hall, J. The material evidence is described in the opinion. At the close of the plaintiff’s evidence, the judge ordered a verdict for the defendant; and the…
1Opinion of the CourtCrosby, J.
This is an action to recover for the conscious suffering and death of the plaintiff’s intestate by reason of the alleged negligence of the defendant. At the close of the plaintiff’s evidence the presiding judge directed the jury to return a verdict for the defendant. The exceptions present the question whether there was any evidence of negligence to be submitted to the jury, and also questions as to the correctness of certain rulings upon the admission and exclusion of evidence. The declaration contains counts under the Massachusetts employers’ liability act, St. 1909, c. 514, § 128, and the…
2Cases cited5 opinions
- Great Northern Railway Co. v. WilesSupreme Court of the United States · 1916
- Gillis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1916
- Bence v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1902
- Dacey v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1906
- Nihill v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1896
3Cited by2 opinions
- Kavanaugh v. ColomboMassachusetts Supreme Judicial Court · 1939
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1934