Moynihan v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
. Tort, with a declaration in four counts described in the opinion, for the conscious suffering and death of the plaintiff’s intestate, Jeremiah Moynihan. Writ dated July 11, 1916. In the Superior Court the case was tried before Keating, J. The material evidence is described in the opinion.
Read the full summary
. Tort, with a declaration in four counts described in the opinion, for the conscious suffering and death of the plaintiff’s intestate, Jeremiah Moynihan. Writ dated July 11, 1916. In the Superior Court the case was tried before Keating, J. The material evidence is described in the opinion. At the close of the evidence, the plaintiff having waived the third and fourth counts of the declaration, the jury by order of the judge returned a verdict for the defendant, and the judge reported the case for determination by this court, judgment to be entered for the defendant if the action of the trial…
1Opinion of the CourtCrosby, J.
This is an action to recover damages for the death and conscious suffering of the plaintiff’s intestate, Jeremiah Moynihan, while he was in the employ of the defendant as a trackman in its freight yard at Lowell on June 2, 1916.
The first count is to recover for the death of the intestate, and is brought under St. 1906, c. 463, Part I, § 63, as amended by St. 1907, c. 392, and St. 1912, c. 354. The second count is upon the liability at common law to recover for conscious suffering of the intestate. The third and fourth counts were waived by the plaintiff at the close of the evidence.
While the…
2Cases cited5 opinions
- Corcoran v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1882
- Donaldson v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1905
- Cox v. South Shore & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Dacey v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1897
- Chester v. W. A. Murtfeldt Co.Massachusetts Supreme Judicial Court · 1914
3Cited by8 opinions
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Jabbour v. Central Construction Co.Massachusetts Supreme Judicial Court · 1921
- Moore v. Town of AmesburyMassachusetts Supreme Judicial Court · 1929
- Pearson v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1923
- Hamilton v. Boston, Revere Beach & Lynn RailroadMassachusetts Supreme Judicial Court · 1922
3 more not listed; retrieve them via the Exa API.