Ashton v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort by. the administratrix o£ the estate of Miles T. Ashton, late of North Adams, for causing the death of the plaintiff’s intestate on April 21, 1914, while he was in the employ of the defendant, the first count being for instantaneous death “owing to the negligence of the defendant, its agents and servants,” and the second count being for causing the death of the plaintiff’s intestate by alleged negligence in failing to shut off the power from the wires attached to the…
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Tort by. the administratrix o£ the estate of Miles T. Ashton, late of North Adams, for causing the death of the plaintiff’s intestate on April 21, 1914, while he was in the employ of the defendant, the first count being for instantaneous death “owing to the negligence of the defendant, its agents and servants,” and the second count being for causing the death of the plaintiff’s intestate by alleged negligence in failing to shut off the power from the wires attached to the pole on which the intestate was engaged in the work of repairing the wires. Writ dated July 30, 1914. In the Superior…
1Opinion of the CourtCrosby, J.
This is an action of tort, brought by the widow of Miles T. Ashton as the administratrix of his estate, to recover for his death. The plaintiff, waived the second count of the declaration. The plaintiff’s intestate was killed on April 21, 1914, while in the employ of the defendant as foreman of the “emergency crew” in charge of the electric zone, so called, at the Hoosac Tunnel. He had been a foreman in the defendant’s employ from October, 1912, until the time of his death. He had worked for the Postal Telegraph Company for twenty-six years before he went to work for the defendant. The “…
2Cases cited4 opinions
- Boisvert v. WardMassachusetts Supreme Judicial Court · 1908
- Archer v. EldredgeMassachusetts Supreme Judicial Court · 1910
- Gleason v. SmithMassachusetts Supreme Judicial Court · 1898
- Murch v. Thomas Wilson's Sons & Co.Massachusetts Supreme Judicial Court · 1897
3Cited by37 opinions
- Armburg v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1931
- Bernabeo v. KaulbackMassachusetts Supreme Judicial Court · 1917
- Cronan v. ArmitageMassachusetts Supreme Judicial Court · 1934
- Sylvain v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1932
- Ricketts v. Kansas City Stock Yards Co. of MaineSupreme Court of Missouri · 1972
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