Braley v. Massachusetts Northeastern Street Railway Co.
Massachusetts Supreme Judicial Court
Two actions op tort under R. L. c. 51, §§ 17, 18, for damages resulting from conscious suffering and the death of Harold L. Braley, alleged to have been caused by a defect and want of repair in Plum Island bridge. Writs dated May 26,1917. In the Superior Court the actions were tried together before Lawton, J. Material evidence is described in the opinion.
Read the full summary
Two actions op tort under R. L. c. 51, §§ 17, 18, for damages resulting from conscious suffering and the death of Harold L. Braley, alleged to have been caused by a defect and want of repair in Plum Island bridge. Writs dated May 26,1917. In the Superior Court the actions were tried together before Lawton, J. Material evidence is described in the opinion. At the close of the evidence, by order of the judge, the jury found for the defendant in each action; and the plaintiff alleged exceptions.
1Opinion of the CourtCarroll, J.
In these two actions, under R. L. c. 51, §§ 17, 18, the plaintiff seeks to recover damages for the death and conscious suffering of his intestate, Harold L. Braley who, while travelling on a motorcycle, went on to the partly open draw of the Plum Island bridge, and striking a pole at the farther or westerly end, was thrown about twelve feet against the opposite abutment and drowned. There was no evidence that the intestate consciously suffered.
*277Plum Island bridge was formerly owned and maintained by the Plum Island Turnpike and Bridge Corporation. It was laid out as a public highway by the…
2Cases cited6 opinions
- Downey v. SawyerMassachusetts Supreme Judicial Court · 1892
- Butterfield v. City of BostonMassachusetts Supreme Judicial Court · 1889
- O'Malley v. Twenty-Five AssociatesMassachusetts Supreme Judicial Court · 1898
- Mack v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
- Wilson v. City of BostonMassachusetts Supreme Judicial Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Norris v. City of NewtonMassachusetts Supreme Judicial Court · 1926