Legal Opinion
Norton v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Decided October 24, 1944PublishedCited by 6 opinions
1Opinion of the CourtLummus, J.
This is an action of tort under G. L. (Ter. Ed.) c. 229, § 3, as amended by St. 1941, c. 460, § 2; c. 504, § 2, for negligently causing the death without conscious suffering of the plaintiff’s intestate, aged sixty-five years, who was killed on August 30, 1942, by a street car of the defendant while crossing the car tracks on foot. Hess v. *146Boston Elevated Railway, 304 Mass. 535. Smith v. Boston Elevated Railway, 304 Mass. 422.
Under the statute, recovery can be had for the death of a person not a passenger nor an employee only where he was “in the exercise of due care.” Murphy v. Boston…
2Cases cited23 opinions
- Perry v. HanoverMassachusetts Supreme Judicial Court · 1943
- Liberatore v. Town of FraminghamMassachusetts Supreme Judicial Court · 1944
- Barnes v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1932
- Commonwealth v. PolianMassachusetts Supreme Judicial Court · 1934
- Gibbons v. DenoncourtMassachusetts Supreme Judicial Court · 1937
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3Cited by6 opinions
- DiGesse v. Columbia Pontiac Co. Inc.Massachusetts Supreme Judicial Court · 1975
- Casey v. GallagherMassachusetts Supreme Judicial Court · 1951
- DeChene v. WillardMassachusetts Supreme Judicial Court · 1946
- Baybank Harvard Trust Co. v. CostelloMassachusetts District Court, Appellate Division · 1985
- Perma-Home Corp. v. LazarusMassachusetts District Court, Appellate Division · 1966
1 more not listed; retrieve them via the Exa API.