Tracy v. Boston & Northern Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, by the executor of the estate of Margaret Rooney, for personal injuries incurred by the plaintiff’s intestate on August 8, 1901, while being transported as a passenger in a car of the defendant, which injuries resulted in the death of the intestate on February 5,1903. Writ dated May 20, 1904. The answer was a general denial.
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Tort, by the executor of the estate of Margaret Rooney, for personal injuries incurred by the plaintiff’s intestate on August 8, 1901, while being transported as a passenger in a car of the defendant, which injuries resulted in the death of the intestate on February 5,1903. Writ dated May 20, 1904. The answer was a general denial. The case came on for trial before Hitchoock, J., on January 18,1909. At that time the defendant asked the judge to rule that the plaintiff’s action could not be maintained on the ground that the case declared on was an action for death by wrongful act, and that on…
1Opinion of the CourtMorton, J.
The defendant does not now rely upon the exceptions taken to the admission and exclusion of evidence, having expressly waived them. It contends (1) that the court had no power to allow the amendment, and (2) that the court erred in refusing to rule as requested that upon all of the evidence the plaintiff was not entitled to recover.
1. The objection that the defendant would be deprived of the defense of the statute of limitations if the amendment was allowed was not conclusive against the power of the court to allow the amendment, but on the contrary could have been found to furnish an…
2Cases cited3 opinions
- Cassady v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- McLaughlin v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Cogswell v. HallMassachusetts Supreme Judicial Court · 1904
3Cited by14 opinions
- Lowrie v. CastleMassachusetts Supreme Judicial Court · 1916
- Gallagher v. WheelerMassachusetts Supreme Judicial Court · 1935
- Genga v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1922
- Shapiro v. McCarthyMassachusetts Supreme Judicial Court · 1932
- Johnson v. CarrollMassachusetts Supreme Judicial Court · 1930
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