Jacobs v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort by the administratrix of the estate of Stephen Otis Jacobs, junior, for the suffering and' death of the plaintiff’s intestate, a boy fifteen years of age, caused by the explosion of a railroad torpedo belonging to the defendant.
Read the full summary
Tort by the administratrix of the estate of Stephen Otis Jacobs, junior, for the suffering and' death of the plaintiff’s intestate, a boy fifteen years of age, caused by the explosion of a railroad torpedo belonging to the defendant. The plaintiff’s substituted declaration contained two counts, the first at common law for the conscious suffering of the plaintiff’s intestate alleged to have been caused by the negligence of the defendant, its agents and servants in permitting the torpedo to come into the hands of the intestate, knowing that it was a dangerous explosive and unmarked in any way…
1Opinion of the CourtBraley, J.
The injuries to the plaintiff’s intestate which resulted in his death after a period of conscious suffering, were caused by the explosion of a railroad signal torpedo, the property of the defendant. It may be assumed, that the jury would have been warranted in finding upon the evidence the following facts: In the management of its business as a carrier of passengers, trains were provided with torpedoes, which whenever necessary were to be used by the flagman on the train ahead, to warn trains approach*98ing from the rear, that a preceding train not very far distant was passing over the same…
2Cases cited11 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
- Derby v. FlitnerMassachusetts Supreme Judicial Court · 1875
- Lebourdais v. Vitrified Wheel Co.Massachusetts Supreme Judicial Court · 1907
- McKone v. Michigan Central RailroadMichigan Supreme Court · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Guinan v. Famous Players-Lasky Corp.Massachusetts Supreme Judicial Court · 1929
- Wallace v. LudwigMassachusetts Supreme Judicial Court · 1935
- Horan v. Inhabitants of WatertownMassachusetts Supreme Judicial Court · 1914
- Milbury v. Turner Centre SystemMassachusetts Supreme Judicial Court · 1931
- Slater v. T. C. Baker Co.Massachusetts Supreme Judicial Court · 1927
17 more not listed; retrieve them via the Exa API.