Legal Opinion

O'Reilly v. New York & New England Railroad

Supreme Court of Rhode Island

Decided January 4, 1889PublishedCited by 2 opinions

TRESPASS on the case to recover damages for injuries to the plaintiff’s intestates, while living, caused by tbe defendant’s alleged negligence. On plaintiff’s motion to reinstate defendant’s demurrers.

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TRESPASS on the case to recover damages for injuries to the plaintiff’s intestates, while living, caused by tbe defendant’s alleged negligence. On plaintiff’s motion to reinstate defendant’s demurrers. These actions were brought to recover damages for injuries caused by tbe alleged negligence of the defendant, and resulting in the death of the plaintiff’s intestates, wbo were killed while crossing the defendant’s tracks on a highway in Blackstone, in tbe State of Massachusetts. Tbe defendant demurred to the declarations, and subsequently withdrew its demurrers.

1Per curiam

In these cases we gave the defendant corporation leave to withdraw its demurrers when tbe plaintiff was not present, supposing that he did not object. He does object, and asks to have the leave revoked and tbe demur*389rers restored. The actions are for damages under a Massachusetts statute. The demurrers raise the question whether the actions lie in this State. The plaintiff wants the question decided at once, so that if it is decided against him he can sue in Massachusetts before the time limited for the suit expires. If the demurrers had not been filed, he could have tried the cases to the…

2Cases cited30 opinions

  1. Dennick v. Railroad Co.Supreme Court of the United States · 1881
  2. Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
  3. Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
  4. Herrick v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
  5. Hatch v. SpoffordSupreme Court of Connecticut · 1852

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3Cited by2 opinions

  1. Rusch Factors, Inc. v. LevinDistrict Court, D. Rhode Island · 1968
  2. Tillinghast v. MaggsSupreme Court of Rhode Island · 1955

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