Legal Opinion
Herwitz v. Massachusetts Bay Transportation Authority
Massachusetts Supreme Judicial Court
Decided February 5, 1968PublishedCited by 8 opinions
1Opinion of the CourtSpalding, J.
About 9 p.m. on March 23, 1963, Carl Herwitz (decedent) was struck and killed by a streetcar, operated by one Townsend, of the MTA (Authority), now Massachusetts Bay Transportation Authority. This action of tort was brought by the decedent’s executrix against Townsend and the Authority to recover for the death and conscious suffering of the decedent. At the close of the evidence the counts for conscious suffering were waived. Initially the case was tried to an auditor (findings not final) who found for the plaintiff on both death counts. Thereafter the case was tried to a jury on the…
2Cases cited12 opinions
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Cook v. Farm Service Stores, Inc.Massachusetts Supreme Judicial Court · 1938
- Hartmann v. Boston Herald-Traveler Corp.Massachusetts Supreme Judicial Court · 1948
- Horowitz v. BokronMassachusetts Supreme Judicial Court · 1958
- Commonwealth v. StirlingMassachusetts Supreme Judicial Court · 1966
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Loschi v. Massachusetts Port AuthorityMassachusetts Supreme Judicial Court · 1972
- Kando v. Dick Weller, Inc.Massachusetts Appeals Court · 1976
- Hebert v. Massachusetts Bay Transportation AuthorityMassachusetts Appeals Court · 1974
- Flaherty v. Massachusetts Bay Transportation AuthorityMassachusetts Supreme Judicial Court · 1972
- Roth v. Westinghouse Electric Corp.Massachusetts Appeals Court · 1974
3 more not listed; retrieve them via the Exa API.