Clare v. New York & New England Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries. Trial in the Superior Court, before Bond, J., who, the defendant having pleaded in bar a judgment in a former action, directed a verdict for the defendant on the plea and record; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtField, C. J.
The declaration contains two counts, the first at common law for personal injuries suffered by the plaintiff’s intestate, and the second under Pub. Sts. c. 112, § 212, as amended by later statutes, for the death of the plaintiff’s intestate. The judgment in the former action, reported 167 Mass. 89, between the same parties, was rendered on a declaration under St. 1887, c. 270, for personal injuries suffered by the plaintiff’s intestate, and not for his death. It is obvious that such a judgment is not a bar to the prosecution of the present action on the second count, as the causes of action…
2Cases cited14 opinions
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- Connihan v. ThompsonMassachusetts Supreme Judicial Court · 1873
- Ryalls v. Mechanics' MillsMassachusetts Supreme Judicial Court · 1889
- Whiteside v. BrawleyMassachusetts Supreme Judicial Court · 1890
- Lynch v. AllynMassachusetts Supreme Judicial Court · 1893
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Mackintosh v. ChambersMassachusetts Supreme Judicial Court · 1934
- Corbett v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- Rock-Ola Manufacturing Corp. v. Music & Television Corp.Massachusetts Supreme Judicial Court · 1959
- Cripps's CaseMassachusetts Supreme Judicial Court · 1914
- Chelsea Moving & Trucking Co. v. Ross Towboat Co.Massachusetts Supreme Judicial Court · 1932
15 more not listed; retrieve them via the Exa API.