Walsh v. Turner Centre Dairying Ass'n
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of John J. Walsh for the conscious suffering and death of the plaintiff’s intestate on November 23, 1914, caused by his falling down an elevator well while in the employ of the defendant when delivering milk in a building on the corner of State Street and Commerce Street in Boston. Writ dated December 5, 1914. The original declaration contained two counts.
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Tort by the administrator of the estate of John J. Walsh for the conscious suffering and death of the plaintiff’s intestate on November 23, 1914, caused by his falling down an elevator well while in the employ of the defendant when delivering milk in a building on the corner of State Street and Commerce Street in Boston. Writ dated December 5, 1914. The original declaration contained two counts. The defendant demurred, the demurrer was sustained and the plaintiff amended his declaration by adding a third and a fourth count. The defendant demurred to the third and fourth counts, the demurrer…
1Opinion of the CourtPierce, J.
The plaintiff has waived the counts numbered one, three, five and seven. The only question now presented is whether the remaining counts, when considered singly or collectively, state upon well pleaded facts a cause of action in tort for the conscious suffering of the intestate preceding his death.
The facts as stated in one or all of the counts disclose that the intestate was on the day of his injury, November 23, 1914, in the employ of the defendant as a servant to deliver milk as he might be sent on premises not stated to be of the defendant or within its control; that on November 23, 1914,…
2Cases cited8 opinions
- Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
- Ashton v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1915
- Gleason v. SmithMassachusetts Supreme Judicial Court · 1898
- Hughes v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1897
- Moynihan v. King's Windsor Cement Dry Mortar Co.Massachusetts Supreme Judicial Court · 1897
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3Cited by13 opinions
- Keljikian v. Star Brewing Co.Massachusetts Supreme Judicial Court · 1939
- Bernabeo v. KaulbackMassachusetts Supreme Judicial Court · 1917
- Paul v. United StatesCourt of Appeals for the Third Circuit · 1953
- Palmer v. Inhabitants of SumnerSupreme Judicial Court of Maine · 1935
- Mammott v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1917
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