Hayes v. Pitts-Kimball Co.
Massachusetts Supreme Judicial Court
Tort for the conscious suffering and death of the plaintiff’s intestate, caused by falling down an elevator well in the department store of the defendant in Boston, by reason of the gross negligence of the defendant’s servant operating the elevator.
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Tort for the conscious suffering and death of the plaintiff’s intestate, caused by falling down an elevator well in the department store of the defendant in Boston, by reason of the gross negligence of the defendant’s servant operating the elevator. Writ dated May 8, 1899. At the trial in the Superior Court before Richardson, J., it appeared, that the accident happened in January, 1899, on the fifth birthday of the plaintiff’s intestate, when the intestate had been taken by his grandmother, fifty-three years of age and since deceased, to the defendant’s store to make purchases for his…
1Opinion of the CourtKkowltok, C. J.
This is an action to recover for an injury to the plaintiff’s intestate, a boy five years of age, which caused his death a few hours afterwards. The declaration is in two counts, one to recover the damages of the deceased from conscious suffering before his death, and the other to recover under the St. 1898, c. 565 (R. L. c. 171, § 2) for his death.
The first exception relates to the admission of evidence. The plaintiff was allowed to introduce the statements of the deceased in conversation at different times after the accident, for the purpose of showing that he was conscious. We have no…
2Cases cited9 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Green v. CrapoMassachusetts Supreme Judicial Court · 1902
- Lane v. MooreMassachusetts Supreme Judicial Court · 1890
- Stocker v. FosterMassachusetts Supreme Judicial Court · 1901
- Dixon v. New England RailroadMassachusetts Supreme Judicial Court · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Commonwealth v. BonomiMassachusetts Supreme Judicial Court · 1957
- Hohman v. HohmanCourt of Appeals of Maryland · 1933
- Tripp v. MacomberMassachusetts Supreme Judicial Court · 1904
- Cashin v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1904
- Nagle v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1905
3 more not listed; retrieve them via the Exa API.