Martin v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, under St. 1887, c. 270, §§ 1, 2, as amended by St. 1892, c. 260, to recovér damages for the death of Richard L. Martin, while in the employ of the defendant. The plaintiffs were the next of kin of the deceased, and were dependent upon him for support. The plaintiff, Peter A. Martin, was the administrator of his estate.
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Tort, under St. 1887, c. 270, §§ 1, 2, as amended by St. 1892, c. 260, to recovér damages for the death of Richard L. Martin, while in the employ of the defendant. The plaintiffs were the next of kin of the deceased, and were dependent upon him for support. The plaintiff, Peter A. Martin, was the administrator of his estate. At the trial in the Superior Court, "before IAlley, J., there was evidence tending to show that the deceased had been employed by the defendant for about two years before his death as a switch-man and freight brakeman, and was familiar with the duties of his employment,…
1Opinion of the CourtMorton, J.
The plaintiffs concede that if the death was with conscious suffering, the action, which is brought under the employers’ liability act by the next of kin of the deceased who were dependent on him, cannot be maintained. The accident occupied only a few seconds, and although the second in which the deceased was killed was separated as a point of time from the second in which he fell from the car, the accident was one accident from its beginning to its end, in which the same causes were operating during the brief interval which elapsed between the fall of the deceased and his death. We do not…
2Cited by5 opinions
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- Perkins v. Oxford Paper Co.Supreme Judicial Court of Maine · 1908
- Conley v. Portland Gas Light Co.Supreme Judicial Court of Maine · 1902