Lamoureux v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Three actions of tort, under Pub. Sts. c. 112, § 213, by the administrator of the estates of Alfred Lamoureux, Rosilda Lamoureux, and Edmond Lamoureux, respectively, for causing their deaths.
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Three actions of tort, under Pub. Sts. c. 112, § 213, by the administrator of the estates of Alfred Lamoureux, Rosilda Lamoureux, and Edmond Lamoureux, respectively, for causing their deaths. At the trial of the cases together in the Superior Court, before GrasMll, J., it appeared that, on August 30, 1896, at about eleven o’clock in the evening, the first named intestate, with the other two, who were his wife and child, were struck, while in a wagon drawn by one horse, by a train at the crossing of a highway at grade by the defendant’s railroad in Northbridge; that, as the result of the…
1Opinion of the CourtHolmes, J.
These are actions of tort, brought under Pub. Sts. c. 112, § 213, for causing the death of the plaintiff’s intestates by failing to give the signals required by § 163. The plaintiff has had verdicts, and the cases are here on exceptions. We take up the questions as they were argued for the defendant.
1. It is urged in the first place that there is no evidence that the engineer of the train which killed the deceased did not ring its bell or sound its whistle. But we think it too plain to need discussion that the evidence was sufficient. A witness testified that “ what took my attention was the…
2Cases cited5 opinions
- Gertz v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1884
- Doyle v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
- Johanson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. GallagherMassachusetts Supreme Judicial Court · 1878
- Commonwealth v. GalliganMassachusetts Supreme Judicial Court · 1891
3Cited by38 opinions
- Commonwealth v. MaguireMassachusetts Supreme Judicial Court · 1984
- United States v. BoyerCourt of Appeals for the D.C. Circuit · 1945
- Morrissey v. PowellMassachusetts Supreme Judicial Court · 1939
- Slattery v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1909
- Commonwealth v. FordMassachusetts Supreme Judicial Court · 1986
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