Daly v. New Jersey Steel & Iron Co.
Massachusetts Supreme Judicial Court
Tort, under the St. of 1887, c. 270, §§ 2, 3, by the administrator of the estate of Maurice Driscoll, for causing his death. At the trial in the Superior Court, before Mason, O'. J., there was evidence tending to prove the following facts. The deceased, while in the employ of the defendant company, was instantly killed, on January 3, 1890, through its negligence, being at the time in the exercise of due care.
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Tort, under the St. of 1887, c. 270, §§ 2, 3, by the administrator of the estate of Maurice Driscoll, for causing his death. At the trial in the Superior Court, before Mason, O'. J., there was evidence tending to prove the following facts. The deceased, while in the employ of the defendant company, was instantly killed, on January 3, 1890, through its negligence, being at the time in the exercise of due care. He was unmarried, and left as his only next of kin a sister, who was dependent upon his wages for her support, and a brother who was in no way dependent upon him. John C. Daly was…
1Opinion of the CourtAllen, J.
The first objection raised by the defendant is that the notice of the time, place, and cause of the injury, given by the administrator of the estate of the injured person, will not support an action in favor of his next of kin. This objection rests on the intimation given in the recent case of Grustafsen v. Washburn & Moen Manuf. Co. 153 Mass. 468, that in a case of instantaneous death a notice by an executor or administrator would not be sufficient. In that case, as in this, the death was instantaneous, and there the action was brought by the widow of the deceased, and the notice was given…
2Cases cited4 opinions
- Supreme Council American Legion of Honor v. PerryMassachusetts Supreme Judicial Court · 1886
- McCarthy v. Supreme Lodge New England Order of ProtectionMassachusetts Supreme Judicial Court · 1891
- Gustafsen v. Washburn & Moen Manufacturing Co.Massachusetts Supreme Judicial Court · 1891
- Ramsdell v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1890
3Cited by17 opinions
- Mulhall v. FallonMassachusetts Supreme Judicial Court · 1900
- Herrick's CaseMassachusetts Supreme Judicial Court · 1914
- Fidelity & Casualty Co. of New York v. Huse & Carleton, Inc.Massachusetts Supreme Judicial Court · 1930
- Neiss v. BurwenMassachusetts Supreme Judicial Court · 1934
- Ferriter's CaseMassachusetts Supreme Judicial Court · 1929
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