Clark v. New England Telephone & Telegraph Co.
Massachusetts Supreme Judicial Court
Tort, afterwards amended into an action of contract or tort and later into an action of contract, by the administrator of the estate of Harry W. Clark, late of the town of Fairhaven, the declaration containing before amendment six counts respectively for the alleged suffering and death of the plaintiff’s intestate caused by an injury received by the intestate on May 7, 1913, when in the employ of the defendant by reason of negligence of servants of the defendant and defects…
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Tort, afterwards amended into an action of contract or tort and later into an action of contract, by the administrator of the estate of Harry W. Clark, late of the town of Fairhaven, the declaration containing before amendment six counts respectively for the alleged suffering and death of the plaintiff’s intestate caused by an injury received by the intestate on May 7, 1913, when in the employ of the defendant by reason of negligence of servants of the defendant and defects in its ways, works and machinery and negligence of a superintendent. Writ dated May 6, 1914. After the defendant had…
1Opinion of the CourtRugg, C. J.
This action was begun in tort. The declaration contained several counts founded upon negligence of the defendant at common law and under the employers’ liability act seeking to recover damages for the conscious suffering and death of the plaintiff’s son. Thereafter he was permitted to amend his writ, so that the action would appear to be either in tort or contract, and to add a count to his declaration, sounding in contract and alleging in substance that the defendant had established and maintained and undertaken to administer an insurance fund for the benefit among others of the plaintiff’s…
2Cases cited26 opinions
- Brown v. FosterMassachusetts Supreme Judicial Court · 1873
- Lowrie v. CastleMassachusetts Supreme Judicial Court · 1916
- Palmer v. ClarkMassachusetts Supreme Judicial Court · 1871
- Brooks v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1912
- Meacham v. Jamestown, Franklin & Clearfield RailroadNew York Court of Appeals · 1914
21 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Burgess v. Mayor of BrocktonMassachusetts Supreme Judicial Court · 1920
- Hurd v. Illinois Bell Telephone CompanyDistrict Court, N.D. Illinois · 1955
- Capano v. MelchionnoMassachusetts Supreme Judicial Court · 1937
- Porter v. SorellMassachusetts Supreme Judicial Court · 1932
- Savage v. WelchMassachusetts Supreme Judicial Court · 1923
48 more not listed; retrieve them via the Exa API.