Herlihy v. Little
Massachusetts Supreme Judicial Court
Two actions of tort to recover for the deaths of the in-testates of the plaintiff, caused by the fall of an elevator and alleged to have been due to its defective condition. Writs in the Superior Court for the county of Essex dated respectively December 20 and 22, 1902. Before the trial, which was before Bell, J., he allowed the amendments described in the opinion, and the defendants excepted.
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Two actions of tort to recover for the deaths of the in-testates of the plaintiff, caused by the fall of an elevator and alleged to have been due to its defective condition. Writs in the Superior Court for the county of Essex dated respectively December 20 and 22, 1902. Before the trial, which was before Bell, J., he allowed the amendments described in the opinion, and the defendants excepted. At the trial, it appeared that at the time of the accident the elevator was being operated by the intestate of the plaintiff in the second case. Other evidence tended to show the following facts: Upon…
1Opinion of the CourtRugg, J.
These two actions were brought in the name of the personal representatives respectively of Mary F. Herlihy and of Benjamin O. Crane. The declaration in the Herlihy case contained four counts, each alleging in substance that the plaintiff was the administratrix of Mary F. Herlihy and that her intestate, by reason of specified negligence, in the first count, was “ mortally wounded and killed ” ; in the second, “ was greatly injured and died in consequence thereof ”; and in the third and fourth, was riding in an elevator, which fell “ thereby inflicting great injury ... on the . . . intestate,…
2Cases cited7 opinions
- Hutchinson v. TuckerMassachusetts Supreme Judicial Court · 1878
- McCarthy v. MorseMassachusetts Supreme Judicial Court · 1908
- Carroll v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1902
- Adams v. WeeksMassachusetts Supreme Judicial Court · 1899
- Silver v. JordanMassachusetts Supreme Judicial Court · 1885
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3Cited by23 opinions
- Lowrie v. CastleMassachusetts Supreme Judicial Court · 1916
- Corbett v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- Clark v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1917
- Capano v. MelchionnoMassachusetts Supreme Judicial Court · 1937
- Commonwealth v. GedziumMassachusetts Supreme Judicial Court · 1927
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