Canavan v. Giblin
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Joseph Canavan for the conscious suffering and death of the plaintiff’s intestate, a boy seven years and eight months old, from being struck by a motor car of the defendant alleged to have been operated negligently by the defendant or his agents and servants on December 13,1916, when the plaintiff’s intestate was walking on Dorchester Avenue in the part of Boston called Dorchester and was about half way over the cross walk on Edison…
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Tort by the administrator of the estate of Joseph Canavan for the conscious suffering and death of the plaintiff’s intestate, a boy seven years and eight months old, from being struck by a motor car of the defendant alleged to have been operated negligently by the defendant or his agents and servants on December 13,1916, when the plaintiff’s intestate was walking on Dorchester Avenue in the part of Boston called Dorchester and was about half way over the cross walk on Edison Green, an intersecting side street. Writ dated February 16,1917. The answer contained an allegation that negligence of…
1Opinion of the CourtCarroll, J.
The plaintiff’s intestate, while walking in a northerly direction on Dorchester Avenue in Boston, when “ about *298half way over the cross walk on Edison Green,” a side street, was struck by a motor car going “pretty fast” in a southerly direction, which “ suddenly turned the corner of Dorchester Avenue and Edison Green and without stopping continued through Edison Green.” He died from the effects of the injury. This action is for his death and conscious suffering. In the Superior Court a verdict was directed for the defendant.
Assuming that the plaintiff’s intestate was in the exercise of due…
2Cases cited2 opinions
- D'Addio v. Hinckley Rendering Co.Massachusetts Supreme Judicial Court · 1913
- Phillips v. GookinMassachusetts Supreme Judicial Court · 1918
3Cited by5 opinions
- McDonough v. VozzelaMassachusetts Supreme Judicial Court · 1924
- Porcino v. De StefanoMassachusetts Supreme Judicial Court · 1923
- Bishop v. PastorelliMassachusetts Supreme Judicial Court · 1921
- Moquin v. KalickaMassachusetts Supreme Judicial Court · 1924
- McKenzie v. F. S. Willey Co.Massachusetts District Court, Appellate Division · 1943