Walker v. Gage
Massachusetts Supreme Judicial Court
Two actions of tort, the first for conscious suffering and the second for the death of the plaintiff’s intestate, Benjamin Hirst, alleged to have been caused by his being run over at half past five o’clock in the afternoon of November 23, 1910, by an ice wagon negligently driven by an employee of the defendant. Writs-dated respectively March 18 and July 3, 1911. In the Superior Court the cases were tried together before Stevens, J. The evidence is described in the opinion.
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Two actions of tort, the first for conscious suffering and the second for the death of the plaintiff’s intestate, Benjamin Hirst, alleged to have been caused by his being run over at half past five o’clock in the afternoon of November 23, 1910, by an ice wagon negligently driven by an employee of the defendant. Writs-dated respectively March 18 and July 3, 1911. In the Superior Court the cases were tried together before Stevens, J. The evidence is described in the opinion. In the first action there was a verdict for the plaintiff in the sum of $2,000, which later on a motion by the defendant…
1Opinion of the CourtDe Courcy, J.
On the evening of November 23, 1910, about half past five o’clock, at or near the junction of Aiken and Perkins streets, in Lowell, the plaintiff’s intestate, Benjamin Hirst, was run over and injured by a two-horse wagon, and there was ample *181evidence that it was an ice wagon. It was owned by the defendant, and was being driven by one of her employees. In the action for personal injuries, brought by Hirst, there was a verdict for the plaintiff; and in the action later brought by the administratrix for his death the presiding judge directed a verdict for the defendant. The exceptions in both…
2Cases cited6 opinions
- Madden's CaseMassachusetts Supreme Judicial Court · 1916
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Brightman's CaseMassachusetts Supreme Judicial Court · 1914
- Larson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Wiemert v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wallace v. LudwigMassachusetts Supreme Judicial Court · 1935
- Hartnett v. TrippMassachusetts Supreme Judicial Court · 1918
- Heinrich Ex Rel. Heinrich v. SweetCourt of Appeals for the First Circuit · 2002
- Walker v. NickersonMassachusetts Supreme Judicial Court · 1935
- Little v. Massachusetts Northeastern Street Railway Co.Massachusetts Supreme Judicial Court · 1918
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