McSweeney v. Edison Electric Illuminating Co.
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Archie L. King, late of Danvers, for causing the conscious suffering and death of the plaintiff’s intestate on October 18, 1914, by knocking him down with a motor car alleged to have been operated negligently by a servant of the defendant.
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Tort by the administrator of the estate of Archie L. King, late of Danvers, for causing the conscious suffering and death of the plaintiff’s intestate on October 18, 1914, by knocking him down with a motor car alleged to have been operated negligently by a servant of the defendant. Writ dated May 7,1915. . In the Superior Court the case was tried before Hitchcock, J. In the course of the trial certain declarations of the intestate in regard to the way in which the accident happened were offered in evidence and were admitted by the judge. The defendant asked the judge to make the ruling which…
1Opinion of the CourtCarroll, J.
This is an action to recover damages for the conscious suffering and death of the plaintiff’s intestate, Archie L. King. At the trial witnesses testified to certain declarations made by him. The jury found for the plaintiff.
The defendant requested the presiding judge to rule: “Before the jury is justified in receiving any declaration or statement which King is said to have made, it must be satisfied that (1) King made the statement testified to by the witness who appears in court; (2) King made the statement to the witness in good faith; and (3) King himself knew of his own knowledge what the…
2Cases cited7 opinions
- Dickinson v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Dixon v. New England RailroadMassachusetts Supreme Judicial Court · 1901
- Slotofski v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Johnson v. FosterMassachusetts Supreme Judicial Court · 1915
- Glidden v. United States Fidelity & Guaranty Co.Massachusetts Supreme Judicial Court · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Commonwealth v. RussMassachusetts Supreme Judicial Court · 1919
- Commonwealth v. WakelinMassachusetts Supreme Judicial Court · 1918
- In re KeenanMassachusetts Supreme Judicial Court · 1934
- Rothwell v. First National BankMassachusetts Supreme Judicial Court · 1934
- Coghlan v. WhiteMassachusetts Supreme Judicial Court · 1920
6 more not listed; retrieve them via the Exa API.