McDonnell v. Berkshire Street Railway Co.
Massachusetts Supreme Judicial Court
Tort, under G. L. c. 229, § 7, for negligently causing the death of John J. McDonnell, the plaintiff’s intestate, while in the defendant’s employ. Writ dated March 12, 1921. In the Superior Court, the action was tried before Burns, J. Material evidence is described in the opinion. At the close of the plaintiff’s evidence, on motion of the defendant, a verdict was ordered for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtRugg, C.J.
This is an action of tort brought under G. L. c. 229, § 7, to recover damages for the death of the husband of the plaintiff, who after conscious suffering died on August 18,1920, from injuries received on that day while working as motorman for the defendant. The defendant was insured under the workmen’s compensation act, now embodied in G. L. c. 152, by policy dated and issued on August 16, 1920, and had given the notice thereof to its employees as required by the act. The deceased had been in the employ of the defendant for about twenty-two years and had not given the defendant notice that…
2Cases cited8 opinions
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Young v. DuncanMassachusetts Supreme Judicial Court · 1914
- King v. Viscoloid Co.Massachusetts Supreme Judicial Court · 1914
- White v. E. T. Slattery Co.Massachusetts Supreme Judicial Court · 1920
- Shanahan v. . Monarch Engineering Co.New York Court of Appeals · 1916
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3Cited by13 opinions
- Ferriter v. Daniel O'Connell's Sons, Inc.Massachusetts Supreme Judicial Court · 1980
- Commonwealth v. WeloskyMassachusetts Supreme Judicial Court · 1931
- Clark v. M. W. Leahy Co.Massachusetts Supreme Judicial Court · 1938
- Cozzo v. Atlantic Refining Co.Massachusetts Supreme Judicial Court · 1938
- Gillard's CaseMassachusetts Supreme Judicial Court · 1923
8 more not listed; retrieve them via the Exa API.