McDonald v. New York Central & Hudson River Railroad
Massachusetts Supreme Judicial Court
Tórt under Pub. Sfcs. c. 112, § 218, (R. L. c. Ill, § 268,) for tlie loss of life of the plaintiff’s intestate, a boy seven and one half years of age, at a grade crossing of the defendant’s railroad in Cheshire on December 4, 1901, alleged to have been caused by the defendant’s failure to give the signals required by Pub. Sts. c. 112, § 163, St. 1890, c. 173, (R. L. c.
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Tórt under Pub. Sfcs. c. 112, § 218, (R. L. c. Ill, § 268,) for tlie loss of life of the plaintiff’s intestate, a boy seven and one half years of age, at a grade crossing of the defendant’s railroad in Cheshire on December 4, 1901, alleged to have been caused by the defendant’s failure to give the signals required by Pub. Sts. c. 112, § 163, St. 1890, c. 173, (R. L. c. Ill, § 188.) At the trial in the Superior Court before Stevens, J., the jury returned a verdict for the plaintiff in the sum of $1,800; and the defendant alleged exceptions, raising the questions stated in the opinion.
1Opinion of the CourtBarker, J.
The defendant’s train struck and killed the plaintiff’s intestate, a schoolboy of seven and one half years of age, at a grade crossing, as the boy was going home from school about four o’clock of a winter afternoon. The action was in tort to recover for his death. At the tidal the verdict turned upon the points whether the whistle was blown and the bell rung as required by the statutory provisions now embodied in R. L. c. 111, § 188, and, if not, whether the failure to give the signals contributed to the accident, and whether if the signals were not given the boy was guilty of gross…
2Cases cited14 opinions
- Daniels v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
- Tully v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. PiperMassachusetts Supreme Judicial Court · 1876
- Menard v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
- Lamoureux v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1897
9 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Palmer v. HoffmanSupreme Court of the United States · 1943
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Brooks v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Slattery v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1909
- Commonwealth v. GettiganMassachusetts Supreme Judicial Court · 1925
19 more not listed; retrieve them via the Exa API.