Beauregard v. Benjamin F. Smith Co.
Massachusetts Supreme Judicial Court
Tort under the employers’ liability act by the parents of Alexander Beauregard, as his next of kin, to recover for his instant death without conscious suffering on December 13, 1909, alleged in the first count to have been caused by a defect in the ways, works or machinery of the defendant, and alleged in the second count to have been caused by the negligence of a superintendent of the defendant. Writ dated March 23, 1910. The answer was a general denial.
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Tort under the employers’ liability act by the parents of Alexander Beauregard, as his next of kin, to recover for his instant death without conscious suffering on December 13, 1909, alleged in the first count to have been caused by a defect in the ways, works or machinery of the defendant, and alleged in the second count to have been caused by the negligence of a superintendent of the defendant. Writ dated March 23, 1910. The answer was a general denial. In the Superior Court the case was tried before Hall, J. The defense principally relied upon was that the plaintiffs’ son on and after…
1Opinion of the CourtHammond, J.
This action was brought under the so called employers’ liability statute by the parents of one Beauregard, deceased, who were dependent in part at least upon him for support, to recover damages for his death. The case was submitted to the jury upon the first and second counts of the declaration, the first alleging defective ways, works or machinery, the second negligence of a superintendent.
One of the grounds of defense was that at the time of the accident, December 13, 1909, the deceased was not in the employ •of the defendant. While the evidence upon this branch of the case was conflicting,…
2Cases cited5 opinions
- Perry v. Simpson Waterproof Manufacturing Co.Supreme Court of Connecticut · 1871
- Berry v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Missouri, Kansas & Texas Railway Co. v. FerchCourt of Appeals of Texas · 1898
- Marietta & North Georgia Railroad v. HilburnSupreme Court of Georgia · 1885
- Nickerson v. RussellMassachusetts Supreme Judicial Court · 1899
3Cited by8 opinions
- State v. WarnerSupreme Judicial Court of Maine · 1967
- Palmer v. MainCourt of Appeals of Kentucky (pre-1976) · 1925
- Nugent Sand Co. v. HargesheimerCourt of Appeals of Kentucky (pre-1976) · 1934
- King v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1921
- Paulsen v. KahnAppellate Division of the Supreme Court of the State of New York · 1936
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