Weeks v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort by Elizabeth J. Glidden for personal injuries received on August 19, 1898, while a passenger in a car of the defendant by reason of the alleged negligence of the defendant’s servants. Writ dated November 28,1898. On July 6, 1899, the original plaintiff died, and the present plaintiff, the administratrix of her estate, was admitted as plaintiff to prosecute the action.
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Tort by Elizabeth J. Glidden for personal injuries received on August 19, 1898, while a passenger in a car of the defendant by reason of the alleged negligence of the defendant’s servants. Writ dated November 28,1898. On July 6, 1899, the original plaintiff died, and the present plaintiff, the administratrix of her estate, was admitted as plaintiff to prosecute the action. At the trial in the Superior Court before Wait, J. one Mrs. McLaughlin, a sister of the plaintiff’s intestate who was with her at the time of the accident, testified to the happening of the accident as described in the…
1Opinion of the CourtHammond, J.
1. The complaints of the deceased as to pain were rightly admitted. They do not appear to have been a narration of past pain, but only such exclamations or expressions as usually and naturally accompany and manifest the existence of present pain. Bacon v. Charlton, 7 Cush. 581. Hatch v. Fuller, 131 Mass. 574. Cashin v. New York, New Haven, & Hartford Railroad, 185 Mass. 543. The same consideration disposes of the exceptions to the evidence that the deceased in riding one day in her own carriage from the doctor’s office to her house “spoke about how hard it rode,” and said that “it seemed as…
2Cases cited2 opinions
- Hatch v. FullerMassachusetts Supreme Judicial Court · 1881
- Cashin v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1904
3Cited by15 opinions
- Ottinger v. Detroit United RailwayMichigan Supreme Court · 1911
- Lockwood v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Nolan v. Newton Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Murray v. FosterMassachusetts Supreme Judicial Court · 1962
- Sauvan v. Citizens' Electric Street Railway Co.Massachusetts Supreme Judicial Court · 1908
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