Brennan v. Standard Oil Co. of New York
Massachusetts Supreme Judicial Court
Tort under St. 1898, c. 565, (R. L. c. 171, § 2,) for causing the death of the plaintiff’s intestate, a boy four years and eight months old, with a second count at common law for conscious suffering of the intestate, as stated in the first paragraph of the opinion. Writ dated June 12, 1901. In the Superior Court the case was tried before Sherman, J. The judge denied a motion of the defendant that the plaintiff should be required to elect upon which count he would rely.
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Tort under St. 1898, c. 565, (R. L. c. 171, § 2,) for causing the death of the plaintiff’s intestate, a boy four years and eight months old, with a second count at common law for conscious suffering of the intestate, as stated in the first paragraph of the opinion. Writ dated June 12, 1901. In the Superior Court the case was tried before Sherman, J. The judge denied a motion of the defendant that the plaintiff should be required to elect upon which count he would rely. At the close of the evidence the defendant asked the judge to make the following rulings : 1. On all the evidence the…
1Opinion of the CourtKnowlton, C. J.
The first count is founded upon an alleged statutory liability for causing the death of the plaintiff’s intestate, which the plaintiff seeks to enforce as the representative of the next of kin, for whom he would hold the proceeds. The second count is upon the liability at common law, for injuries to the intestate, for which he had a right of action during his life, and the claim is made by the plaintiff as legal representative of the estate of the deceased, for which he would hold the proceeds. In the first the plaintiff acts only as trustee for the next of kin, in the second only as trustee…
2Cases cited2 opinions
- Cincinnati, Hamilton & Dayton R. R. v. ChesterIndiana Supreme Court · 1877
- Ranney v. St. J. & L. C. Rd.Supreme Court of Vermont · 1891
3Cited by31 opinions
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- McCarthy v. William H. Wood Lumber Co.Massachusetts Supreme Judicial Court · 1914
- Wellman v. MeadSupreme Court of Vermont · 1919
- Gallagher v. WheelerMassachusetts Supreme Judicial Court · 1935
- Turnquist v. HannonMassachusetts Supreme Judicial Court · 1914
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