Donahue v. Vorenberg
Massachusetts Supreme Judicial Court
Two actions of tort against the same defendant, the first by the administratrix of the estate of Thomas Donahue and the second by the administratrix of the estate of John J. Connolly, each for causing the death of the plaintiffs’ intestate by running over him with a motor car of the defendant driven negligently by the defendant’s servant, one Malloy, on Boylston Street in Boston near the public library on April 27, 1912. Writs dated respectively July 8, 1912, and January 5,…
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Two actions of tort against the same defendant, the first by the administratrix of the estate of Thomas Donahue and the second by the administratrix of the estate of John J. Connolly, each for causing the death of the plaintiffs’ intestate by running over him with a motor car of the defendant driven negligently by the defendant’s servant, one Malloy, on Boylston Street in Boston near the public library on April 27, 1912. Writs dated respectively July 8, 1912, and January 5, 1914. In the Superior Court the cases were tried together before Dubuque, J. The facts which could have been found upon…
1Opinion of the CourtLoring, J.
On the plaintiffs’ evidence the jury were warranted in finding the facts of these two cases to be as follows: The defendant instructed his chauffeur (Malloy by name) to hire a man as a helper and go with him to Swampscott (where the defendant had a garage) and to overhaul a car which he (the defendant) had recently bought. Pursuant to these instructions Malloy called *4up one Smith on the telephone and hired him to go to Swampscott. He arranged to have Smith meet him “at the corner of Massachusetts Avenue and Washington Street, the Northampton Street station of the Boston Elevated” Railway…
2Cases cited3 opinions
- McKeever v. RatcliffeMassachusetts Supreme Judicial Court · 1914
- Ross v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1916
- Fitzgerald v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1913
3Cited by19 opinions
- Wang Laboratories, Inc. v. Business Incentives, Inc.Massachusetts Supreme Judicial Court · 1986
- Edwards v. EarnestSupreme Court of Alabama · 1921
- Mosko v. Raytheon Co.Massachusetts Supreme Judicial Court · 1993
- Fletcher v. MeredithCourt of Appeals of Maryland · 1925
- Butler v. Hyperion Theatre Co., Inc.Supreme Court of Connecticut · 1924
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