Legal Opinion

Devine v. New York, New Haven, & Hartford Railroad

Massachusetts Supreme Judicial Court

Decided March 23, 1910PublishedCited by 6 opinions

Tort by the administratrix of the estate of John Devine late of Boston, who also was his widow, for the benefit of herself and their children, against the New York, New Haven, and Hartford Railroad Company, under R. L. c.

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Tort by the administratrix of the estate of John Devine late of Boston, who also was his widow, for the benefit of herself and their children, against the New York, New Haven, and Hartford Railroad Company, under R. L. c. Ill, § 267, for causing the death of the plaintiff’s intestate on January 15, 1904, by reason of its negligence and the unfitness and gross negligence of its agents and servants while engaged in its business, while the plaintiff’s intestate was in the exercise of due care and was at work as a laborer in the employ of the city of Boston. Writ dated November 21, 1904. In the…

1Opinion of the CourtRugg, J.

This is an action under R. L. c. 111, § 267, to recover for the death of John Devine, who was an employee of the city of Boston and who lost his life under these circumstances: For about three months he had been at work with others under the charge of an assistant superintendent of the Boston Water Works in lawfully laying a water pipe across the location of tracks operated by the defendant, at a place not far from the *418South Terminal Station and near the yard for passenger coaches and the coaling station for locomotives, where there were many tracks, and trains and locomotives were constantly…

2Cases cited6 opinions

  1. McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
  2. Brennan v. Standard Oil Co. of New YorkMassachusetts Supreme Judicial Court · 1905
  3. Galbraith v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1896
  4. Lanci v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
  5. Pearlstein v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1906

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Altman v. AronsonMassachusetts Supreme Judicial Court · 1919
  2. Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
  3. Pion v. CaronMassachusetts Supreme Judicial Court · 1921
  4. Schwager v. AndersonNorth Dakota Supreme Court · 1933
  5. Adams v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913

1 more not listed; retrieve them via the Exa API.

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