Stewart v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Two ACTIONS OE TORT, by the administratrix of the estate of Maurice J. Levins against the New York, New Haven, and Hartford Railroad Company, the first action at common law for injuries and conscious suffering sustained by the plaintiff’s intestate on July 14,1897, near a station or stopping place of the defendant called Surfside. in the town of Hull, alleged to have been caused by the negligence of the defendant, and the second action under R. L. c.
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Two ACTIONS OE TORT, by the administratrix of the estate of Maurice J. Levins against the New York, New Haven, and Hartford Railroad Company, the first action at common law for injuries and conscious suffering sustained by the plaintiff’s intestate on July 14,1897, near a station or stopping place of the defendant called Surfside. in the town of Hull, alleged to have been caused by the negligence of the defendant, and the second action under R. L. c. Ill, § 267, for causing the death of the plaintiff’s intestate by reason of the gross negligence of the agents or servants of the defendant.…
1Opinion of the CourtLoring, J.
The deceased was run down from behind by a train of four electric cars as he was walking beside the track on his way to a stopping place on Nantasket Beach, called Surf-side, to take a train. The train which hit him was not the train he was intending to take, but was coming from the opposite direction on the track beside which he was walking, the track for the train he intended to take being beyond that track. The accident happened soon after 10.30 p. m. His companion was the only person then present who testified on the stand.
It appeared from his testimony that during the morning and…
2Cases cited5 opinions
- Ryan v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1908
- Curtin v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Kenneson v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1897
- Regan v. LombardMassachusetts Supreme Judicial Court · 1902
- Ralph v. Cambidge Electric Light Co.Massachusetts Supreme Judicial Court · 1909
3Cited by1 opinion
- Connors v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914