Connors v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort, originally by Francis T. Leahy, administrator of the estate of Patrick J. Connors, the writ and declaration afterwards Being amended, as stated in the opinion, so that the action was by the mother and sole next of kin of Connors to recover under St. 1909, c. 514, § 127, cl. 3; § 129, for his death while in the defendant’s employ.
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Tort, originally by Francis T. Leahy, administrator of the estate of Patrick J. Connors, the writ and declaration afterwards Being amended, as stated in the opinion, so that the action was by the mother and sole next of kin of Connors to recover under St. 1909, c. 514, § 127, cl. 3; § 129, for his death while in the defendant’s employ. Writ dated January 21, 1911. In the Superior Court the case was tried before Keating, J. There were but two witnesses, the plaintiff and one Shambler. The evidence is described in the opinion. At the close of the plaintiff’s evidence, the defendant rested and…
1Opinion of the CourtCrosby, J.
This action originally was brought by the administrator of the estate of Patrick J. Connors to recover for his conscious suffering and death. Afterwards, by amendment, Agnes Connors, mother of the intestate and his sole next of kin, was substituted as the plaintiff. The amended declaration contained five counts. At the trial the plaintiff waived the first, second and fourth counts, the presiding judge directed a verdict for the defendant upon the fifth count, and the case was submitted to the jury on the third count, which was for the death of the decedent alleged to have been caused by the…
2Cases cited3 opinions
- June v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1891
- Devine v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1910
- Stewart v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1910