Shea v. McEvoy
Massachusetts Supreme Judicial Court
Tort for causing the death without conscious suffering of the plaintiff’s intestate, Thomas A. Shea. Writ dated October 27, 1910. In the Superior Court the case was tried before White, J. The material evidence is described in the opinion. At the close of the evidence the defendant asked the judge to rule that on all the evidence the plaintiff could not recover. The judge refused so to rule.
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Tort for causing the death without conscious suffering of the plaintiff’s intestate, Thomas A. Shea. Writ dated October 27, 1910. In the Superior Court the case was tried before White, J. The material evidence is described in the opinion. At the close of the evidence the defendant asked the judge to rule that on all the evidence the plaintiff could not recover. The judge refused so to rule. There was a verdict for the plaintiff in the sum of $1,000; and the defendant alleged exceptions.
1Opinion of the CourtCrosby, J.
The plaintiff’s intestate, a minor thirteen years of age, was killed on October 15, 1910. This action is brought to recover damages for his death without conscious suffering under R. L. c. 171, § 2, as amended by St. 1907, c. 375. The deceased was the son of the plaintiff and lived with his parents on the first floor of a three tenement house owned by the defendant. The second floor was occupied by a family named Lambert, and the third or top floor was occupied by one Miles and his family.
There was evidence that the cellar was divided into parts for the different tenants, and that the tenants…
2Cases cited2 opinions
- Andrews v. WilliamsonMassachusetts Supreme Judicial Court · 1906
- Domenicis v. FleisherMassachusetts Supreme Judicial Court · 1907
3Cited by5 opinions
- Crowe v. BixbyMassachusetts Supreme Judicial Court · 1921
- Garland v. StetsonMassachusetts Supreme Judicial Court · 1935
- Leslie v. GlazerMassachusetts Supreme Judicial Court · 1930
- Angevine v. HewitsonMassachusetts Supreme Judicial Court · 1920
- Crudo v. MiltonMassachusetts Supreme Judicial Court · 1919