Wilton v. Middlesex Railroad
Massachusetts Supreme Judicial Court
Tort- for loss of services of Ellen Wilton, a daughter of the •plaintiff, occasioned by her being run over by one of the defendant’s cars on July 16, 1868. Writ dated June 22,1874. At the trial in the Superior Court, without a jury, before Pit-man, J., it appeared that Ellen Wilton had, in the name of her father as next friend, brought an action against the defendant, and recovered $5000 for the injuries done her by this accident. 107 Mass. 108. It also appeared that there…
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Tort- for loss of services of Ellen Wilton, a daughter of the •plaintiff, occasioned by her being run over by one of the defendant’s cars on July 16, 1868. Writ dated June 22,1874. At the trial in the Superior Court, without a jury, before Pit-man, J., it appeared that Ellen Wilton had, in the name of her father as next friend, brought an action against the defendant, and recovered $5000 for the injuries done her by this accident. 107 Mass. 108. It also appeared that there had been a guardian appointed by the court, who had paid the plaintiff four dollars a week under the order of the court,…
1Opinion of the CourtLord, J.
We do not understand that the presiding justice ruled, as matter of law, that the evidence conclusively proved the exercise of reasonable care on the part of the plaintiff’s daughter ; but that there was evidence proper for him to consider upon this subject. That ruling we think was right, and with his finding upon the question this court cannot interfere. Whether the relation of carrier of passengers for hire existed between the defendant and the plaintiff’s daughter was also a question of fact, properly to be decided by the tribunal to which the facts were submitted. The payment of fare is…
2Cases cited1 opinion
- Wilton v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1871
3Cited by25 opinions
- Ferriter v. Daniel O'Connell's Sons, Inc.Massachusetts Supreme Judicial Court · 1980
- King v. Viscoloid Co.Massachusetts Supreme Judicial Court · 1914
- Camp v. HallSupreme Court of Florida · 1897
- Henderson v. United States Radiator CorporationCourt of Appeals for the Tenth Circuit · 1935
- Lake Shore & Michigan Southern Railroad v. BrownIllinois Supreme Court · 1887
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