Daley v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Two actions OP tort. The first case was for causing the death of Thomas Daley, the plaintiff’s intestate, and the second case was for his suffering before he died.
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Two actions OP tort. The first case was for causing the death of Thomas Daley, the plaintiff’s intestate, and the second case was for his suffering before he died. The original declaration inserted in the writ in the first case was as follows: “ And the plaintiff says that the said deceased Thomas Daley was, on or about the twelfth day of September last past, employed by the defendant as laborer, and was engaged in the hold of a vessel, lying at defendant’s wharf in said Boston, in filling iron buckets with coal, in tbe process of unloading said coal from the hold of said vessel to said…
1Opinion of the CourtDevens, J.
This bill of exceptions applies only to the first case. There was a motion made in the Superior Court- before trial, by the plaintiff, to amend the original declaration filed by him, with the writ, by filing distinct counts embracing the two causes of action, namely, for the loss of the intestate’s life and for his sufferings prior thereto. By the bill of exceptions it appears that, at the hearing on the motion, “there was evidence tending to show that the plaintiff intended, when he brought the action, to set forth and rely upon a cause of action at common law for injuries and sufferings of…
2Cases cited14 opinions
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Loughlin v. . State of New YorkNew York Court of Appeals · 1887
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- Johnson v. Boston Tow-Boat Co.Massachusetts Supreme Judicial Court · 1883
- Elmer v. LockeMassachusetts Supreme Judicial Court · 1883
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Cregan v. . MarstonNew York Court of Appeals · 1891
- Myers v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1889
- McGinty v. Athol Reservoir Co.Massachusetts Supreme Judicial Court · 1892
- Grella v. Lewis Wharf Co.Massachusetts Supreme Judicial Court · 1912
- De Sandro v. Missoula Light & Water Co.Montana Supreme Court · 1913
17 more not listed; retrieve them via the Exa API.