Gustafsen v. Washburn & Moen Manufacturing Co.
Massachusetts Supreme Judicial Court
Tort, under the St. of 1887, c. 270, § 1, els. 1, 2, by the widow of Laurentz Gustafsen, for causing his death. The first count of the declaration alleged that the deceased was on October 29, 1888, employed in the defendant’s works, and “ while in the performance of his duty as such laborer, and helping to draw a car from one part of said works to another, and in the exercise of due care, said Laurentz Gustafsen fell under said car and was immediately killed, by reason of a…
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Tort, under the St. of 1887, c. 270, § 1, els. 1, 2, by the widow of Laurentz Gustafsen, for causing his death. The first count of the declaration alleged that the deceased was on October 29, 1888, employed in the defendant’s works, and “ while in the performance of his duty as such laborer, and helping to draw a car from one part of said works to another, and in the exercise of due care, said Laurentz Gustafsen fell under said car and was immediately killed, by reason of a defect in the condition of the ways connected with and used in the business of the defendant, said defect consisting of…
1Opinion of the CourtField, C. J.
The first two counts of the declaration are under cl. 1, § 1, of the St. of 1887, c. 270; the third count is under cl. 2 of the same section. In each of the counts it is alleged that notice of the time, place, and cause of the injury was given to the defendant. The only person who could maintain an action for the death of Laurentz Gustafsen was his widow; and as he was instantly killed, this is the only action which could be maintained. St. 1887, c. 270, §§ 2, 3, Ramsdell v. New York & New England Railroad, 151 Mass. 245. The notice given was signed for the plaintiff by her attorneys, and it…
2Cases cited6 opinions
- Ferren v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1886
- Maguire v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1888
- Taylor v. Inhabitants of WoburnMassachusetts Supreme Judicial Court · 1881
- Nash v. Inhabitants of South HadleyMassachusetts Supreme Judicial Court · 1887
- Babcock v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- McCarthy v. William H. Wood Lumber Co.Massachusetts Supreme Judicial Court · 1914
- Corbett v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- McCafferty v. Lewando's French Dyeing & Cleansing Co.Massachusetts Supreme Judicial Court · 1907
- Carr v. Wallace Laundry Co.Idaho Supreme Court · 1918
- Daly v. New Jersey Steel & Iron Co.Massachusetts Supreme Judicial Court · 1891
13 more not listed; retrieve them via the Exa API.