Buckley v. Sutton
Massachusetts Supreme Judicial Court
Tout by the administrator of the estate of James S. Buckley, junior, late of Cambridge, the first count of the declaration for causing the death of the plaintiff’s intestate,, then eleven years of age, by running him down with a motor truck driven negligently by a servant of the defendants on Cambridge Street in Cambridge on September 14, 1916. There was a second count, alleging conscious suffering.
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Tout by the administrator of the estate of James S. Buckley, junior, late of Cambridge, the first count of the declaration for causing the death of the plaintiff’s intestate,, then eleven years of age, by running him down with a motor truck driven negligently by a servant of the defendants on Cambridge Street in Cambridge on September 14, 1916. There was a second count, alleging conscious suffering. Writ dated October 6, 1916. The defendants’ answer contained an allegation that the alleged injuries of the intestate were the result of contributory negligence'on his part. In the Superior Court…
1Opinion of the CourtCarroll, J.
This action is to recover damages for the conscious suffering and death of James S. Buckley, who was run over by a motor truck of the defendants on September 14, 1916. He was eleven years of" age. At the close of the plaintiff’s evidence the defendants moved that a verdict be directed in their favor. The motion was denied.
It was admitted that the defendants did business under the name of the Mansion House Ice Cream Company. There was evidence that the words “Mansion House Ice Cream Company” were on the truck which injured the plaintiff’s intestate and that it was operated by one Giganti, who…
2Cases cited4 opinions
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Heywood v. OgasapianMassachusetts Supreme Judicial Court · 1916
- Miller v. Flash Chemical Co.Massachusetts Supreme Judicial Court · 1918
- Mullin v. FallonMassachusetts Supreme Judicial Court · 1918
3Cited by5 opinions
- Breen v. Dedham Water Co.Massachusetts Supreme Judicial Court · 1922
- Gallagher v. R. E. Cunniff, Inc.Massachusetts Supreme Judicial Court · 1943
- Cochrane v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1933
- Forsberg v. TevisWashington Supreme Court · 1937
- Forzley v. BianchiMassachusetts Supreme Judicial Court · 1921