White v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, by the administrator of the estate of Hira W. Bates, for his death after conscious suffering alleged to have been caused by his being run over at a grade crossing of a highway by a train of' the defendant. Writ dated August 10, 1901. At the trial in the Superior Court before Harris, J., the following facts appeared by the evidence: The injury occurred on May 8,1901, on Cross Street in Hanover.
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Tort, by the administrator of the estate of Hira W. Bates, for his death after conscious suffering alleged to have been caused by his being run over at a grade crossing of a highway by a train of' the defendant. Writ dated August 10, 1901. At the trial in the Superior Court before Harris, J., the following facts appeared by the evidence: The injury occurred on May 8,1901, on Cross Street in Hanover. The plaintiff’s intestate was a man seventy-one years of age, bright and active for his age, who for many years had lived near the place where he was injured. It was customary for the defendant to…
1Opinion of the CourtBraley, J.
This is an action of tort to recover either at common law or under R. L. c. Ill, § 188, now St. 1906, c. 463, Part II. § 146, for the conscious suffering of the plaintiff’s intestate, and under R. L. c. Ill, § 267, now St. 1906, c. 463, Part I. § 63, for his death by reason of the alleged gross negligence of the defendant’s servants.
The accident happened at a grade crossing, and the first question is, whether the defendant’s failure to sound the whistle or ring the bell on the locomotive was a violation of R. L. c. Ill, § 188. It is the purpose of this section, that the signal required should…
2Cases cited7 opinions
- Barstow v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1887
- Ellis v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1897
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
- Granger v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
- Hamblin v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McGlauflin v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1918
- Morley v. Cleveland, Cincinnati, Chicago & St. Louis RailroadIndiana Court of Appeals · 1935
- Rodriques v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1911
- Bell Cab Co. v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1936
- Lenihan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1927
3 more not listed; retrieve them via the Exa API.