Lutolf v. United Electric Light Co.
Massachusetts Supreme Judicial Court
Tort, under St. 1897, c. 416, and St. 1898, c. 565, (R. L. c. 171, § 2,) by the administratrix of the estate of Frederick W. Lutolf, late of Springfield, for the death of her intestate alleged to have been caused by the negligence of the defendant and the gross negligence of the defendant’s servants and agents.
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Tort, under St. 1897, c. 416, and St. 1898, c. 565, (R. L. c. 171, § 2,) by the administratrix of the estate of Frederick W. Lutolf, late of Springfield, for the death of her intestate alleged to have been caused by the negligence of the defendant and the gross negligence of the defendant’s servants and agents. Writ dated September 10,1901. At the trial in the Superior Court before Hopkins, J., it appeared that the death of the plaintiff’s intestate occurred on the evening of June 12, 1901, from an electric shock received near an electric light pole of the defendant on the south side-of High…
1Opinion of the CourtBarker, J.
The action is a statutory one for causing the death of the plaintiff’s husband. The briefs of both parties assume that he was killed while upon the sidewalk of a public street and by means of an electric shock received when he was near an electric light pole which supported a lighted street lamp, and at a time when the current which fed the lamp was causing abnormal manifestations upon the pole and the apparatus attached to it.
The exceptions taken at the jury trial are to the refusal to give seven requests and to “ the instructions given not in harmony with said requests.” The bill sets out…
2Cited by18 opinions
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- Boutlier v. City of MaldenMassachusetts Supreme Judicial Court · 1917
- Rice v. City of LumbertonSupreme Court of North Carolina · 1952
- Royal Indemnity Co. v. Pittsfield Electric Co.Massachusetts Supreme Judicial Court · 1935
- Commonwealth v. GedziumMassachusetts Supreme Judicial Court · 1927
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