Walsh v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort. Writ in the Superior Court for the county of Barn-stable dated November 15,1907. The material portions of the declaration were as follows, a copy of the sections of the statute set out in the opinion being annexed thereto: “ And the plaintiff says he is the administrator of the estate of Lottie M. Mitchell, late of Falmouth, in the County of Barn-stable, in this Commonwealth, deceased, intestate, letters of administration having been duly issued to the plaintiff by the…
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Tort. Writ in the Superior Court for the county of Barn-stable dated November 15,1907. The material portions of the declaration were as follows, a copy of the sections of the statute set out in the opinion being annexed thereto: “ And the plaintiff says he is the administrator of the estate of Lottie M. Mitchell, late of Falmouth, in the County of Barn-stable, in this Commonwealth, deceased, intestate, letters of administration having been duly issued to the plaintiff by the Judge of Probate for said County of Barnstable, . . . that the defendant owns and operates a railroad between Troy, in…
1Opinion of the CourtKnowlton, C. J.
This action is brought by the administrator of Lottie M. Mitchell, late of Falmouth, deceased, to recover for her death, caused by the defendant’s negligence in the management of one of its cars upon which the intestate was riding in the State of New York. It is founded upon a statute of New York, being a part of the Code of Civil Procedure, as follows :
“ Section 1902. The executor or administrator of a decedent, who has left, him or her surviving, a husband, wife, or next of kin, may maintain an action to recover damages for a wrongful act, neglect, or default, by which the decedent’s death…
2Cases cited7 opinions
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Howarth v. LombardMassachusetts Supreme Judicial Court · 1900
- Higgins v. Central New England & Western RailroadMassachusetts Supreme Judicial Court · 1892
- Mulhall v. FallonMassachusetts Supreme Judicial Court · 1900
- Richardson v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
- Wellman v. MeadSupreme Court of Vermont · 1919
- Jackson v. AnthonyMassachusetts Supreme Judicial Court · 1933
- Southern Pac. Co. v. De Valle Da CostaCourt of Appeals for the First Circuit · 1911
- Stone v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1912
13 more not listed; retrieve them via the Exa API.