Mullins v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort under St. 1906, c. 463, Part I. § 63, by the administratrix of the estate of William H. Jackson, who died on October 17, 1906, from injuries received on September 28, 1906, in the defendant’s freight yard in the city of Fall River from being run into by a freight car of the defendant in the manner described in the opinion, with a first count alleging that the death of the plaintiff’s intestate was caused by reason of the gross negligence of the defendant’s servants and…
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Tort under St. 1906, c. 463, Part I. § 63, by the administratrix of the estate of William H. Jackson, who died on October 17, 1906, from injuries received on September 28, 1906, in the defendant’s freight yard in the city of Fall River from being run into by a freight car of the defendant in the manner described in the opinion, with a first count alleging that the death of the plaintiff’s intestate was caused by reason of the gross negligence of the defendant’s servants and agents in shunting and operating certain cars, and a second count alleging that the death was caused by reason of the…
1Opinion of the CourtRugg, J.
The plaintiff’s intestate was fatally injured while driving a wagon, loaded with fruit, taken from the cars of the defendant, across certain of its tracks at the point provided by it for consignees to travel. It was not a public crossing, where signals were required to be given. As the plaintiff’s intestate was on the tracks, a box freight car, which previously had been standing partly over the crossing, was struck, by other cars shunted against it, with such force as to push it entirely across the way and against the wagon in which he was driving. The defendant properly concedes that there…
2Cases cited3 opinions
- Evensen v. Lexington & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Hartford v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
- Murray v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1896
3Cited by9 opinions
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- Wellington v. PelletierCourt of Appeals for the First Circuit · 1909
- Renaud v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1910
- Griswold v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1912
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