Marchant v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Helen I. Marchant against the Boston and Maine Railroad, a corporation, for causing the death of the plaintiff’s intestate on the afternoon of July 10, 1913, when the intestate was two years and five months of age, by negligently running into her at the grade crossing of the defendant’s tracks with Elliott Street in Beverly.
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Tort by the administrator of the estate of Helen I. Marchant against the Boston and Maine Railroad, a corporation, for causing the death of the plaintiff’s intestate on the afternoon of July 10, 1913, when the intestate was two years and five months of age, by negligently running into her at the grade crossing of the defendant’s tracks with Elliott Street in Beverly. Writ dated May 26, 1914. The declaration contained two counts, the first under St. 1906, c. 463, Part I, § 63, and the second alleging a failure to give the signals required by law. In the Superior Court the case was tried before…
1Opinion of the CourtPierce, J.
This is an action of tort to recover for the death of the plaintiff’s intestate, Helen I. Marchant. The evidence was ample to support a finding that the intestate was struck by a train owned and operated by the defendant, while the intestate was travelling over a grade crossing of the defendant’s road upon Elliott Street, a public highway in Beverly.
The accident occurred on July 10, T913, and the intestate, (hereinafter called Helen,) aged two years and five months, was instantly killed. On the day of the accident and for some weeks before, Helen was living with her aunt. On the afternoon of…
2Cases cited4 opinions
- Collins v. South Boston RailroadMassachusetts Supreme Judicial Court · 1886
- Casey v. SmithMassachusetts Supreme Judicial Court · 1890
- Garabedian v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1916
- Travers v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
3Cited by11 opinions
- McKenna v. AndreassiMassachusetts Supreme Judicial Court · 1935
- Grogan v. O'Keeffe's Inc.Massachusetts Supreme Judicial Court · 1929
- Gallagher v. JohnsonMassachusetts Supreme Judicial Court · 1921
- Nettles v. Southern Ry. Co.Supreme Court of South Carolina · 1947
- Pinto v. BrennanMassachusetts Supreme Judicial Court · 1926
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