Dewing v. New York Central Railroad Co.
Massachusetts Supreme Judicial Court
1Opinion of the CourtLummus, J.
The plaintiff, having waived the second count of his declaration, which was drawn under the Federal employers’ liability act (35 U. S. Sts. at Large, 65, 66, c. 149, 36 U. S. Sts. at Large, 291, c. 143), obtained a verdict from the jury upon the first count, which alleged merely that “he was greatly injured by reason of the negligence of the defendant, and has suffered great pain and body anguish £sic] of mind.” This vague allegation, under our practice which in this respect controls (Central Vermont Railway v. White, 238 U. S. 507; Atlantic Coast Line Railroad v. Mims, 242 U. S. 532;…
2Cases cited22 opinions
- McNicol's CaseMassachusetts Supreme Judicial Court · 1913
- Central Vermont Railway Co. v. WhiteSupreme Court of the United States · 1915
- New York Central & Hudson River Railroad v. KinneySupreme Court of the United States · 1922
- Reading Co. v. KoonsSupreme Court of the United States · 1926
- Roosen v. Peter Bent Brigham HospitalMassachusetts Supreme Judicial Court · 1920
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3Cited by8 opinions
- Wallace v. LudwigMassachusetts Supreme Judicial Court · 1935
- Osment v. PitcairnSupreme Court of Missouri · 1941
- McCarthy v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1934
- Tanona v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1938
- Antonio v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1944
3 more not listed; retrieve them via the Exa API.