McGarrahan v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows. The defendant admitted its liability for any injuries to the plaintiff which were due to the accident hereinafter described.
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Tort, for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows. The defendant admitted its liability for any injuries to the plaintiff which were due to the accident hereinafter described. The plaintiff testified, in substance, that on May 7, 1896, while he was a passenger on a train of the defendant, at about 7.30 P. M., the car in which he was riding, near its station in Boston, was derailed and tipped over; that the plaintiff was thrown against…
1Opinion of the CourtBarker, J.
In the first request the court was in effect asked to rule that the defendant would not be liable for blood poisoning, unless it was the ordinary effect of such a wound. This was clearly wrong, and the instruction as requested was properly refused. The other matters embraced in it were properly treated in the charge.
The second request combined two rulings, one that the plaintiff must use due diligence to obtain proper medical treatment, which was good law, and another that if the treatment which he did obtain was improper the defendant would not be liable, which was wrong. The plaintiff’s…
2Cited by41 opinions
- Wallace v. LudwigMassachusetts Supreme Judicial Court · 1935
- Ross v. Erickson Construction Co.Washington Supreme Court · 1916
- Sibley v. NasonMassachusetts Supreme Judicial Court · 1907
- Larson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Sullivan v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1908
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