Legal Opinion

Feneff v. New York Central & Hudson River Railroad

Massachusetts Supreme Judicial Court

Decided October 19, 1909PublishedCited by 57 opinions

Tort for the loss of consortium. Writ dated November 22,. 1907. The case came on to be tried before Gfaskill, J. It appeared that the plaintiff was the wife of Antoine Feneff, who previously had brought an actipn for his own injuries and had recovered damages in accordance with an opinion of this court reported in 196 Mass. 575. By a stipulation of the parties it was agreed that the evidence introduced by the plaintiff was the same as that in the case of her husband.

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Tort for the loss of consortium. Writ dated November 22,. 1907. The case came on to be tried before Gfaskill, J. It appeared that the plaintiff was the wife of Antoine Feneff, who previously had brought an actipn for his own injuries and had recovered damages in accordance with an opinion of this court reported in 196 Mass. 575. By a stipulation of the parties it was agreed that the evidence introduced by the plaintiff was the same as that in the case of her husband. There was evidence in support of all the material allegations in the plaintiff’s declaration. At the close of the plaintiff’s…

1Opinion of the CourtKnowlton, C. J.

The plaintiff’s husband was injured physically and mentally by the negligence of the defendants, and he has recovered full compensation for his injuries. Feneff v. Boston & Maine Railroad, 196 Mass. 575. The plaintiff sues for damages suffered by her from his injury, by reason of her relation to him as his wife. In her declaration she avers that, by reason of his disability, she has endured great suffering and anxiety, and has been obliged to assume heavy and arduous duties which she did not have to assume before the injury, and that she has lost the comfort, society, aid and assistance of…

2Cases cited3 opinions

  1. Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
  2. Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
  3. Kelley v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1897

3Cited by57 opinions

  1. Dini v. NaiditchIllinois Supreme Court · 1960
  2. Ferriter v. Daniel O'Connell's Sons, Inc.Massachusetts Supreme Judicial Court · 1980
  3. Hitaffer v. Argonne Co., IncCourt of Appeals for the D.C. Circuit · 1950
  4. Borer v. American Airlines, Inc.California Supreme Court · 1977
  5. Montgomery v. StephanMichigan Supreme Court · 1960

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