Legal Opinion

Hammond v. Lewiston, Augusta & Waterville Street Railway

Supreme Judicial Court of Maine

Decided December 7, 1909PublishedCited by 19 opinions

On report. Action under Revised Statutes, chapter 89, sections 9 and’ 10, relating to the death of a person caused by "wrongful act, neglect or default.”

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On report. Action under Revised Statutes, chapter 89, sections 9 and’ 10, relating to the death of a person caused by "wrongful act, neglect or default.” The plaintiff’s declaration is as follows : "In a plea of the case for that the said defendant on the fifteenth day of October, 1908, at said Winthrop, was a Street Railway Company engaged in operating its passenger cars on its tracks through the town of Winthrop, crossing at grade the highway from Augusta to Winthrop at a point several hundred feet east of the junction of the Baileyville Road, so called, with said Augusta and Winthrop…

1Opinion of the CourtCornish, J.

This is an action brought under R. S., ch. 89, sections 9 and 10, by the administratrix of the estate of Harold E. Martin for the benefit of herself as his sole heir at law at the date of the writ. Plaintiff’s intestate was instantaneously killed by being struck by a car of the defendant at the date alleged in the declaration. He left a widow but no children. Subsequently the widow died, no administration then having been taken out upon her husband’s estate and no suit having been brought for her benefit. After the death of the widow, the plaintiff, the sister of said Martin and his sole heir…

2Cases cited13 opinions

  1. Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
  2. Cooper v. Shore Electric Co.Supreme Court of New Jersey · 1899
  3. Woodward v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1868
  4. Railroad v. BeanTennessee Supreme Court · 1895
  5. Loague v. RailroadTennessee Supreme Court · 1892

8 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Hossler Ex Rel. Dows v. BarrySupreme Judicial Court of Maine · 1979
  2. Kerner v. Trans-Mississippi Terminal R. Co.Supreme Court of Louisiana · 1925
  3. Betz v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1926
  4. White v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1928
  5. Dostie v. Lewiston Crushed Stone Co.Supreme Judicial Court of Maine · 1939

14 more not listed; retrieve them via the Exa API.

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