Eldridge v. Barton
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Barzillai Eldridge, late of Chatham, to recover for the conscious suffering and death of the plaintiff’s intestate by reason of his being knocked down and run over by a motor car owned by the defendant and driven negligently by the defendant’s servant on July 11, 1915, when the intestate in the exercise of due care was walking lawfully on Main Street in the part of Chatham called South Chatham.
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Tort by the administrator of the estate of Barzillai Eldridge, late of Chatham, to recover for the conscious suffering and death of the plaintiff’s intestate by reason of his being knocked down and run over by a motor car owned by the defendant and driven negligently by the defendant’s servant on July 11, 1915, when the intestate in the exercise of due care was walking lawfully on Main Street in the part of Chatham called South Chatham. Writ dated September 21, 1915. The declaration contained counts at common law for conscious suffering and counts under R. L. c. 171, § 2, as amended by St.…
1Opinion of the CourtDe Courcy, J.
The plaintiff’s intestate, Barzillai Eldridge, was struck by the defendant’s motor car and fatally injured. This action was brought to recover for his conscious suffering and death, and resulted in a verdict for the plaintiff. Numerous exceptions were taken by the defendant during the trial, but the only ones *186now relied on relate to the exclusion of certain evidence and to the action of the judge with reference to a correction of the verdict.
The defendant offered to show by two or more witnesses that soon after Eldridge was injured he said, referring to the accident, “It is my fault; I am to…
2Cases cited14 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Boott Mills v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- McCarthy v. William H. Wood Lumber Co.Massachusetts Supreme Judicial Court · 1914
- Hopkins v. American Pneumatic Service Co.Massachusetts Supreme Judicial Court · 1907
- Manning v. City of LowellMassachusetts Supreme Judicial Court · 1899
9 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Bendett v. BendettMassachusetts Supreme Judicial Court · 1943
- Oliveria v. OliveriaMassachusetts Supreme Judicial Court · 1940
- Eaton v. WalkerMassachusetts Supreme Judicial Court · 1923
- Porter v. SorellMassachusetts Supreme Judicial Court · 1932
- Kelley v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1932
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