Little v. Massachusetts Northeastern Street Railway Co.
Massachusetts Supreme Judicial Court
Tort by the widow of Edwin C. Little, late of Merrimac, as the administratrix of his estate, for conscious suffering and death of the plaintiff’s intestate alleged to have been caused by the negligence of the motorman operating a street railway car of the defendant at about six o’clock in the afternoon of September 21, 1911, when the intestate was in a covered carriage driving one horse and leading another on the highway between Amesbury and Merrimac.
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Tort by the widow of Edwin C. Little, late of Merrimac, as the administratrix of his estate, for conscious suffering and death of the plaintiff’s intestate alleged to have been caused by the negligence of the motorman operating a street railway car of the defendant at about six o’clock in the afternoon of September 21, 1911, when the intestate was in a covered carriage driving one horse and leading another on the highway between Amesbury and Merrimac. Writ dated .August 27, 1912. In the Superior Court the case was tried before Dana, J. The evidence is described in the opinion. At the close of…
1Opinion of the CourtDe Courcy, J.
The first count in the declaration was for the conscious suffering, and the second count was for the death of Edwin C. Little, the plaintiff’s intestate, both alleged to be due to the negligence of the defendant’s motorman.
1. At the close of the evidence the defendant moved that a verdict in its favor be directed on the second count. In support of that motion it now is argued that this count contained no allegation that Little was in the exercise of due care. It seems quite apparent that the absence of this allegation was not called to the *246attention of the presiding judge, and that the case…
2Cases cited12 opinions
- Tully v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1883
- Lothrop v. AdamsMassachusetts Supreme Judicial Court · 1882
- D'Addio v. Hinckley Rendering Co.Massachusetts Supreme Judicial Court · 1913
- Wiemert v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Ellis v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1894
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Roto-Lith, Ltd. v. F. P. Bartlett & Co., Inc.Court of Appeals for the First Circuit · 1962
- Kagan v. LevensonMassachusetts Supreme Judicial Court · 1956
- Commonwealth v. SaccoMassachusetts Supreme Judicial Court · 1926
- Wallace v. Coca-Cola Bottling Plants, Inc.Supreme Judicial Court of Maine · 1970
- Grady v. Collins Transportation Co. Inc.Massachusetts Supreme Judicial Court · 1960
8 more not listed; retrieve them via the Exa API.