Brooks v. Fitchburg & Leominster Street Railway Co.
Massachusetts Supreme Judicial Court
Tort by the administrator of one who, while a passenger of the defendant, received injuries which resulted in his death.
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Tort by the administrator of one who, while a passenger of the defendant, received injuries which resulted in his death. Writ in the Superior Court for the county of Worcester dated March 17, 1908. The declaration alleged that on September 24, 1906, at the request of the defendant, Ellen E. Brooks, the plaintiff’s intestate, boarded a car of the defendant in Fitchburg and became a passenger on said car, “ and thereupon it became the duty of the defendant to convey the said Ellen E. Brooks safely on said car; yet the defendant, not regarding its duty in that behalf, wholly neglected so to do,…
1Opinion of the CourtRugg, J.
The plaintiff’s declaration alleges that his intestate, while a passenger upon the defendant street railway, received an injury on September 24, 1906, by reason of the negligence of the defendant’s servants, from which she died on June 7, 1907, being survived by husband and children, and that the action is brought under statute 1907, c. 375, the writ being dated February 17, 1908. The question presented is whether this statute,* approved May 4, 1907, renders a street railway company liable in damages for déath caused by the negligence of itself or its servants. It is contended, on the one…
2Cases cited12 opinions
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
- United States v. Lee Yen TaiSupreme Court of the United States · 1902
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
- Bartley v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Beale v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
7 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Palmer v. HoffmanSupreme Court of the United States · 1943
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Opinion of the Justices to the Senate & the House of RepresentativesMassachusetts Supreme Judicial Court · 1925
- Roosen v. Peter Bent Brigham HospitalMassachusetts Supreme Judicial Court · 1920
59 more not listed; retrieve them via the Exa API.