Battany v. Wall
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Nabeha Battany for injuries sustained by the plaintiff’s intestate, a girl ten years of age, on March 16, 1915, by reason of being run into and knocked down by a motor car driven negligently by the defendant on Harrison Avenue in Boston, when the plaintiff’s intestate was a traveller upon that highway, and for causing the death of the plaintiff’s intestate as the result of such injuries.
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Tort by the administrator of the estate of Nabeha Battany for injuries sustained by the plaintiff’s intestate, a girl ten years of age, on March 16, 1915, by reason of being run into and knocked down by a motor car driven negligently by the defendant on Harrison Avenue in Boston, when the plaintiff’s intestate was a traveller upon that highway, and for causing the death of the plaintiff’s intestate as the result of such injuries. Writ dated April 12, 1915. The declaration contained two counts. The first count, which was at common law, concluded as follows: “And the plaintiff says that the…
1Opinion of the CourtPierce, J.
Under essential conditions sufficient to warrant the submission to the jury, of the issue of the due care of the intestate and the negligence of the defendant, the intestate was struck and severely injured by a motor car driven by the defendant at 7:15 P. M. on March 16, 1915, and thereafter lived until midnight. A right of action simultaneous with the injury accrued to the intestate, “as a person in esse, and . . . [her] subsequent death does not defeat it, but, by operation of the statute, vests it in the personal representative.” Hollenbeck v. Berkshire Railroad, 9 Cush. 478. “The…
2Cases cited2 opinions
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