Carey v. Berkshire Railroad
Massachusetts Supreme Judicial Court
The first of the above named actions was originally commenced by Eliza Ann Hewins, then the widow of Joseph H. Hewins, and is now prosecuted in the joint names of herself and Lockwood Carey, with whom she has since intermarried. It was an action on the case, to recover damages for the loss of the life of the female plaintiff’s late husband, in consequence of the negligence, carelessness, and unskilfulness of the defendants’ servants and agents.
Read the full summary
The first of the above named actions was originally commenced by Eliza Ann Hewins, then the widow of Joseph H. Hewins, and is now prosecuted in the joint names of herself and Lockwood Carey, with whom she has since intermarried. It was an action on the case, to recover damages for the loss of the life of the female plaintiff’s late husband, in consequence of the negligence, carelessness, and unskilfulness of the defendants’ servants and agents. On the trial, which took place in the court of common pleas before Wells, C. J., at the October term, 1845, the plaintiff (Eliza Ann Hewins, then…
1Opinion of the CourtMetcalf, J.
These actions raise a new question in oui jurisprudence. No case was cited, at the argument, in which a like action had been the subject of adjudication, or even of discussion. The case of Huggins v. Butcher, 1 Brownl. 205, and Yelv. 89, was referred to, where there is a dictum of Tanfield, J., in which Fenner and Yelverton, Js., are said to have concurred, that “ if one beat the servant of J. S. so that he die of that beating, the master shall not have an action against the other, for the battery and loss of service, because the servant dying of the extremity of the beating, it is now become…
2Cases cited1 opinion
- Ford v. MonroeNew York Supreme Court · 1838
3Cited by21 opinions
- Moreno v. Sterling Drug, Inc.Texas Supreme Court · 1990
- Summerfield v. Superior Court, Maricopa Cty.Arizona Supreme Court · 1985
- Giardina v. BennettSupreme Court of New Jersey · 1988
- Haakanson v. Wakefield Seafoods, Inc.Alaska Supreme Court · 1979
- Cristilly v. WarnerSupreme Court of Connecticut · 1913
16 more not listed; retrieve them via the Exa API.