Chaput v. Haverhill, Georgetown & Danvers Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, by the administratrix of the estate of Roch Chaput, to recover for his death and conscious suffering, with three counts, the first and second under R. L. c. 171, § 2, and c. Ill, § 267, for causing the death of the plaintiff’s intestate, and the third at common law for his personal injuries and conscious suffering caused by the alleged negligence of the defendant’s servants.
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Tort, by the administratrix of the estate of Roch Chaput, to recover for his death and conscious suffering, with three counts, the first and second under R. L. c. 171, § 2, and c. Ill, § 267, for causing the death of the plaintiff’s intestate, and the third at common law for his personal injuries and conscious suffering caused by the alleged negligence of the defendant’s servants. Writ dated October 25, 1901. At the trial in the Superior Court Gaslcill, J. refused to order a verdict for the defendant, and submitted the ease to the jury. The jury found for the defendant on the first and second…
1Opinion of the CourtBraley, J.
At about eleven o’clock on a dark but pleasant night, the plaintiff’s intestate while driving “ an ordinary large sized job wagon ’’ along a public way in which the defendant’s track was located was thrown out by a car running into fhe rear end of the wagon, and suffered injuries which caused his death after a period of conscious suffering. The jury found for the plaintiff on the third count of the declaration, and the defendant urges that the refusal to direct a verdict in its favor was erroneous as there was no evidence of the decedent’s due care. Having died before the action was brought…
2Cases cited9 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Dickinson v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Vincent v. Norton & Taunton Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- Kerr v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- O'Brien v. Blue Hill Street Railway Co.Massachusetts Supreme Judicial Court · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Supple v. Suffolk Savings Bank for SeamenMassachusetts Supreme Judicial Court · 1908
- Nelson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Callahan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
- Foster v. CurtisMassachusetts Supreme Judicial Court · 1912
- Le Baron v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1908
6 more not listed; retrieve them via the Exa API.