Spooner v. Old Colony Street Railway Co.
Massachusetts Supreme Judicial Court
Tort under R. L. c. 111, § 267, for causing the death of the plaintiff’s intestate, Philip H. King, a retired hackman, alleged to have been thrown from an open car of the defendant in which he was a passenger as it was running around a curve about five or six miles north of New Bedford in June, 1902. Writ dated October 20, 1902. At the trial in the Superior Court before Lawton, J. it appeared that the plaintiff’s intestate died a few minutes after striking the ground; that…
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Tort under R. L. c. 111, § 267, for causing the death of the plaintiff’s intestate, Philip H. King, a retired hackman, alleged to have been thrown from an open car of the defendant in which he was a passenger as it was running around a curve about five or six miles north of New Bedford in June, 1902. Writ dated October 20, 1902. At the trial in the Superior Court before Lawton, J. it appeared that the plaintiff’s intestate died a few minutes after striking the ground; that he was seventy-three years of age; that he was about five feet tall, weighing about one hundred and eighty-five pounds,…
1Opinion of the CourtBraley, J.
By the provisions of the St. of 1886, e. 140, now R. L. c. Ill, § 267, if the life of a passenger is lost “ by reason of the negligence or carelessness of a corporation operating a street railway, or of the unfitness or gross negligence or carelessness of its servants or agents, while engaged in its business,” his personal representatives may recover damages for the use of the widow or children, to be assessed within a minimum and maximum limit according to the degree of culpability. Holland v. Lynn & Boston Railroad, 144 Mass. 425.
When the plaintiff’s intestate became a passenger, the…
2Cases cited10 opinions
- Banks v. BramanMassachusetts Supreme Judicial Court · 1905
- Byron v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
- Evensen v. Lexington & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Galbraith v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1896
- Stewart v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- Prondecka v. Turners Falls Power & Electric Co.Massachusetts Supreme Judicial Court · 1921
- Bilodeau v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1920
- Partelow v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1907
13 more not listed; retrieve them via the Exa API.