Higgins v. Central New England & Western Railroad
Massachusetts Supreme Judicial Court
Tort, by the administrator of the estate of James Higgins, for causing his death. The writ was dated June 28, 1891, and the officer’s return thereon disclosed an attachment of certain cars belonging to the defendant found in the possession of another railroad company at Northampton in this Commonwealth.
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Tort, by the administrator of the estate of James Higgins, for causing his death. The writ was dated June 28, 1891, and the officer’s return thereon disclosed an attachment of certain cars belonging to the defendant found in the possession of another railroad company at Northampton in this Commonwealth. The declaration alleged that the intestate was domiciled in Springfield in the county of Hampden in this Commonwealth; that the plaintiff was duly appointed the administrator of his estate by the judge of probate of that county, on February 11, 1891; that the defendant owned and operated a…
1Opinion of the CourtBarker, J.
The plaintiff’s intestate was domiciled in Massa-. chusetts, where the plaintiff was appointed administrator. This being the principal administration, the plaintiff succeeded as well to every right of action of the deceased which survived as to his other personal property. Upon the question whether such an administrator takes a right of action by succession from his intestate, it is immaterial that the right arose under the statute of a foreign State, rather than under the common law or the statutes of this State; just as the fact that the intestate’s chattels or merchandise had been acquired…
2Cases cited14 opinions
- Blanchard v. RussellMassachusetts Supreme Judicial Court · 1816
- Ingraham v. GeyerMassachusetts Supreme Judicial Court · 1816
- Richardson v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
- New Haven Horse Nail Co. v. Linden Spring Co.Massachusetts Supreme Judicial Court · 1886
- Noyes v. WardSupreme Court of Connecticut · 1848
9 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Kilberg v. Northeast Airlines, Inc.New York Court of Appeals · 1961
- Universal Adjustment Corp. v. Midland Bank, Ltd., of LondonMassachusetts Supreme Judicial Court · 1933
- Howarth v. LombardMassachusetts Supreme Judicial Court · 1900
- Mulhall v. FallonMassachusetts Supreme Judicial Court · 1900
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