Fairbanks v. Kemp
Massachusetts Supreme Judicial Court
Tort under R. L. c. 171, § 2, as amended by St. . 1907, c. 375, by the administrator of the estate of Isabelle C. Fairbanks, late of Swampscott, for causing the death of the plaintiff’s intestate on Labor Day, September 6, 1915, shortly after eleven o’clock in the forenoon on a street called Monument Avenue leading out of Humphrey Street in Swampscott. Writ dated [October 18, 1915. In the Superior Court the case was tried before Hall, J., without a jury.
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Tort under R. L. c. 171, § 2, as amended by St. . 1907, c. 375, by the administrator of the estate of Isabelle C. Fairbanks, late of Swampscott, for causing the death of the plaintiff’s intestate on Labor Day, September 6, 1915, shortly after eleven o’clock in the forenoon on a street called Monument Avenue leading out of Humphrey Street in Swampscott. Writ dated [October 18, 1915. In the Superior Court the case was tried before Hall, J., without a jury. It appeared that the defendant personally was driving a six cylinder Packard car, about fifteen feet long over all, having had about a…
1Opinion of the CourtDe Courcy, J.
The plaintiff’s intestate was struck and killed by a motor car operated by the defendant; and this action under R. L. c. 171, § 2, as amended by St. 1907, c. 375, is brought to recover damages for her death. The judge of the Superior Court, sitting without a jury, found in favor of the plaintiff and assessed damages in the sum of $2,250. Being dissatisfied with the amount, he brings the case before this court on exceptions to some of the judge’s rulings and refusals to rule.
The rulings in question relate to the registration of the car that caused the injuries. The application for registration…
2Cases cited13 opinions
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
- Boott Mills v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- Chase v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- Brooks v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1912
- Conroy v. MatherMassachusetts Supreme Judicial Court · 1914
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3Cited by30 opinions
- Nash v. LangMassachusetts Supreme Judicial Court · 1929
- Santa Maria v. TrottoMassachusetts Supreme Judicial Court · 1937
- Capano v. MelchionnoMassachusetts Supreme Judicial Court · 1937
- Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1924
- Gonchar v. KelsonSupreme Court of Connecticut · 1932
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