Legal Opinion

Little v. Massachusetts Northeastern Street Railway Co.

Massachusetts Supreme Judicial Court

Decided April 6, 1916PublishedCited by 14 opinions

Tort, by the administratrix of the estate of Edwin C. Little, for the suffering and death of the plaintiff’s intestate alleged to have been caused by the negligence of the defendant’s servants on September 21, 1911, in operating a car of the defendant on the highway running between the towns of Merrimac and Amesbury noisily, improperly and recklessly, whereby the horse that was being driven by the plaintiff’s intestate was frightened and made to run away, throwing the…

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Tort, by the administratrix of the estate of Edwin C. Little, for the suffering and death of the plaintiff’s intestate alleged to have been caused by the negligence of the defendant’s servants on September 21, 1911, in operating a car of the defendant on the highway running between the towns of Merrimac and Amesbury noisily, improperly and recklessly, whereby the horse that was being driven by the plaintiff’s intestate was frightened and made to run away, throwing the plaintiff’s intestate from his seat in the carriage and causing the injuries that resulted in his death; the first count of…

1Opinion of the CourtDe Courcy, J.

Dr. Pierce, who had treated the plaintiff’s intestate after the accident, was not living at the time of the trial. Subject to the defendant’s exception, the plaintiff was permitted to answer the question, “While Dr. Pierce was treating Mr. Little, did Dr. Pierce tell you what was the cause of his condition?” The purpose was to disclose the opinion expressed by the physician either as to the nature of the ailment from which his patient was suffering or as to the cause which was responsible for that condition.

It may be assumed, as urged by the plaintiff now and at the trial, that if Dr. Pierce…

2Cases cited6 opinions

  1. Slotofski v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
  2. Hastings v. RiderMassachusetts Supreme Judicial Court · 1868
  3. Ames v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1915
  4. Gray v. KelleyMassachusetts Supreme Judicial Court · 1906
  5. Johnson v. FosterMassachusetts Supreme Judicial Court · 1915

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Wallace v. LudwigMassachusetts Supreme Judicial Court · 1935
  2. Kelley v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1932
  3. Eldridge v. BartonMassachusetts Supreme Judicial Court · 1919
  4. Mailhiot v. Liberty Bank & Trust Co.Massachusetts Appeals Court · 1987
  5. Barney v. MagenisMassachusetts Supreme Judicial Court · 1922

9 more not listed; retrieve them via the Exa API.

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