McCooey v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort under Pub. Sts. c. 112, § 212, for causing the death of the plaintiff’s intestate, one Joseph Jawnis or Ian vis. Writ dated May 18, 1900. In the Superior Court GrctsleUl, J. refused to rule at the defendant’s request that the plaintiff had failed to prove his appointment as administrator. The jury returned a verdict for the plaintiff in the sum of $4,750; and the defendant alleged exceptions.
1Opinion of the CourtBarker, J.
The defendant contends that the appointment of the administrator was void because a public administrator had a statutory right under Pub. Sts. c. 131, (R. L. c. 138,) to take letters of administration upon the estate of the deceased. But it was held in Emery v. Hildreth, 2 Gray, 228, where a similar contention was made, that in a suit between an administrator and a debtor of the deceased and as between those parties the appointment could not be drawn in question. The decision was upon the ground that the Probate Court, as also was the fact in the present instance, had jurisdiction to appoint…
2Cases cited6 opinions
- Pinney v. McGregoryMassachusetts Supreme Judicial Court · 1869
- Merrill v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Miller v. MillerMassachusetts Supreme Judicial Court · 1889
- City of Boston v. RobbinsMassachusetts Supreme Judicial Court · 1879
- Bassett v. CraftsMassachusetts Supreme Judicial Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Farquhar v. New England Trust Co.Massachusetts Supreme Judicial Court · 1927
- State Ex Rel. Everette v. PettewaySupreme Court of Florida · 1938
- Old Colony Trust Co. v. PorterMassachusetts Supreme Judicial Court · 1949
- Fidelity & Casualty Co. of New York v. Huse & Carleton, Inc.Massachusetts Supreme Judicial Court · 1930
- Bennett v. PierceMassachusetts Supreme Judicial Court · 1905
14 more not listed; retrieve them via the Exa API.