Crosby v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Judson B. Crosby, with a declaration in four counts, of which only the first, a count for the causing of the death of the plaintiff’s intestate on April 6, 1919, is material. Writ dated May 13, 1920. The answer contained only a general denial and an allegation that, at the time or times mentioned in the declaration, “ the plaintiff was not in exercise of due care.”
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Tort by the administrator of the estate of Judson B. Crosby, with a declaration in four counts, of which only the first, a count for the causing of the death of the plaintiff’s intestate on April 6, 1919, is material. Writ dated May 13, 1920. The answer contained only a general denial and an allegation that, at the time or times mentioned in the declaration, “ the plaintiff was not in exercise of due care.” In the Superior Court the action was tried before Aiken, C. J. Material evidence and rulings by the Chief Justice are described in the opinion. There was a verdict for the plaintiff on the…
1Opinion of the CourtPierce, J.
This is an action of tort to recover for the death of the intestate, which came about under conditions warranting a finding of the due care of the intestate and the negligence of the defendant. The intestate was struck by a car of the defendant while crossing Belmont Street in Cambridge, on Sunday, April 6, 1919, and as the direct result of his injuries then sustained he died the same day. The writ in this action was dated May 13, 1920, was served upon the defendant on May 15, 1920, and was entered in the Superior Court on the first Monday of June, 1920. At the close of the evidence the…
2Cases cited4 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Brooks v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Theroux v. Northern Pac. R.Court of Appeals for the Eighth Circuit · 1894
- Eastwood v. KennedyCourt of Appeals of Maryland · 1876
3Cited by16 opinions
- Gaudette v. WebbMassachusetts Supreme Judicial Court · 1972
- Choate v. Assessors of BostonMassachusetts Supreme Judicial Court · 1939
- Gallagher v. WheelerMassachusetts Supreme Judicial Court · 1935
- Bickford v. FurberMassachusetts Supreme Judicial Court · 1930
- Old Colony Railroad v. Assessors of QuincyMassachusetts Supreme Judicial Court · 1940
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