Hudson v. Lynn & Boston Railroad
Massachusetts Supreme Judicial Court
Tort, to recover for the loss of life of one Pope, the plaintiff’s intestate, from being run over by a car of the defendant, and also for an assault alleged to have been committed upon the plaintiff’s intestate in ejecting him from a car of the defendant. Writ dated September 28, 1898. At the first trial of this case in the Superior Court a verdict was ordered for the defendant at the close of the plaintiff’s evidence.
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Tort, to recover for the loss of life of one Pope, the plaintiff’s intestate, from being run over by a car of the defendant, and also for an assault alleged to have been committed upon the plaintiff’s intestate in ejecting him from a car of the defendant. Writ dated September 28, 1898. At the first trial of this case in the Superior Court a verdict was ordered for the defendant at the close of the plaintiff’s evidence. The plaintiff alleged exceptions which were sustained by a decision of this court reported in 178, Mass. 64. At the new trial in the Superior Court before Gf-asMU, J., the…
1Opinion of the CourtLoring, J.
This is an action brought in 1898, under St. 1886, c. 140, to recover a penalty for wrongfully causing the death of Joseph P. Pope, the plaintiff’s intestate.
The jury were warranted in finding that Pope took a car of the defendant at Scollay Square, Boston, for Lynn about eight o’clock in the evening of a day in September. He paid his first fare and then fell into a stupor. When the car reached Revere, a second fare came due. The conductor tried to rouse him to collect the fare, without success, and after collecting the other fares, in the language of one of the plaintiff’s witnesses, “he…
2Cases cited21 opinions
- Southern Railway Co. v. WebbSupreme Court of Georgia · 1902
- Aiken v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Doyle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
- Kline v. Cent. Pac. R.R.California Supreme Court · 1869
- Weymire v. WolfeSupreme Court of Iowa · 1879
16 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Black v. New York, New Haven, & Hartford Railroad Co.Massachusetts Supreme Judicial Court · 1907
- Boott Mills v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
50 more not listed; retrieve them via the Exa API.