Legal Opinion

Slattery v. New York, New Haven, & Hartford Railroad

Massachusetts Supreme Judicial Court

Decided October 21, 1909PublishedCited by 37 opinions

Two ACTIONS OF TORT growing out of the death of one James A. Slattery at the crossing at grade of Plymouth Street in Worcester by eight railroad tracks,- as stated in the opinion. Writs in the Superior Court dated December 19, 1907. The cases were tried together before GrasJcill, J. The facts are stated in the opinion.

Read the full summary

Two ACTIONS OF TORT growing out of the death of one James A. Slattery at the crossing at grade of Plymouth Street in Worcester by eight railroad tracks,- as stated in the opinion. Writs in the Superior Court dated December 19, 1907. The cases were tried together before GrasJcill, J. The facts are stated in the opinion. At the close of the evidence for the plaintiff, the presiding judge ordered verdicts for the defendant; and the plaintiff alleged exceptions, which, after the death of GrasJcill, J., were allowed by Lawton, J.

1Opinion of the CourtLoring, J.

These are two actions of tort brought by the administratrix of the estate of one James A. Slattery, who was killed by one of the defendant’s passenger trains on a highway crossing at grade in the city of Worcester. The first count in the first action is founded on St. 1907, c. 392, (amending R. L. c. Ill, § 267, and St. 1906, c. 463, Part I. § 63,) which (inter *455alia) makes a -railroad liable to a fine in case the death of one in the exercise of due care is caused by the negligence of its agents or servants. The second count is founded on St. 1906, c. 463, Part II. § 245, (re-enacting R. L. c.…

2Cases cited22 opinions

  1. Daniels v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
  2. Tully v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1883
  3. Menard v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
  4. Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
  5. Lamoureux v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1897

17 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Chase v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
  2. Pigeon v. Massachusetts Northeastern Street Railway Co.Massachusetts Supreme Judicial Court · 1918
  3. Harrington v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
  4. Gibb v. HardwickMassachusetts Supreme Judicial Court · 1922
  5. Koch v. LynchMassachusetts Supreme Judicial Court · 1924

32 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API