McCarthy v. Boston & Lowell Railroad
Massachusetts Supreme Judicial Court
Tort by a father for the loss of earnings of a minor son, through personal injuries occasioned to him by the negligence of the defendant. Writ dated June 28, 1887. At the trial in the Superior Court, before Sherman, J., the defendant admitted that the boy had received the injuries alleged, for which it was responsible, but contended that the plaintiff had forfeited his right to the earnings of his son by emancipating him.
Read the full summary
Tort by a father for the loss of earnings of a minor son, through personal injuries occasioned to him by the negligence of the defendant. Writ dated June 28, 1887. At the trial in the Superior Court, before Sherman, J., the defendant admitted that the boy had received the injuries alleged, for which it was responsible, but contended that the plaintiff had forfeited his right to the earnings of his son by emancipating him. Evidence was introduced tending to show that in 1883 or 1884 the plaintiff, upon being put under bonds to keep the peace on a complaint made against him by his wife, left…
1Opinion of the CourtC. Allen, J.
The facts disclosed in the present case were sufficient, if taken by themselves alone, to warrant the jury in finding an implied emancipation by the plaintiff of his son, which would cut off the father’s right to collect and have the son’s earnings, or to maintain an action of tort founded on the loss of the son’s services. Nightingale v. Withington, 15 Mass. 272. Wodell v. Coggeshall, 2 Met. 89. Abbott v. Converse, 4 Allen, 530, 533. Dumain v. Gwynne, 10 Allen, 270, 272. The Etna, Ware, 462. Stansbury v. Bertron, 7 W. & S. 362.
But the plaintiff contends that he did not in his own mind intend…
2Cases cited5 opinions
- O'Donnell v. Inhabitants of ClintonMassachusetts Supreme Judicial Court · 1888
- West v. PlattMassachusetts Supreme Judicial Court · 1879
- Ford v. FordMassachusetts Supreme Judicial Court · 1887
- Riggs v. Maltby & Co.Court of Appeals of Kentucky · 1859
- Stansbury v. BertronSupreme Court of Pennsylvania · 1844
3Cited by13 opinions
- Hobbs v. Massasoit Whip Co.Massachusetts Supreme Judicial Court · 1893
- Boyle v. Anderson Fire Fighters Ass'n Local 1262Indiana Court of Appeals · 1986
- O'Brien v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891
- Tornroos v. R. H. White Co.Massachusetts Supreme Judicial Court · 1915
- Swift & Co. v. JohnsonCourt of Appeals for the Eighth Circuit · 1905
8 more not listed; retrieve them via the Exa API.