Kelleher v. City of Newburyport
Massachusetts Supreme Judicial Court
Two actions of tort under R. L. c. 51, the first under § 18 for personal injury to, and the second under § 17 for the loss of the life of the plaintiff’s intestate under the circumstances described in the opinion. Writs dated December 29, 1915. In the Superior Court the cases were tried before Dana, J. The material evidence is described in the opinion.
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Two actions of tort under R. L. c. 51, the first under § 18 for personal injury to, and the second under § 17 for the loss of the life of the plaintiff’s intestate under the circumstances described in the opinion. Writs dated December 29, 1915. In the Superior Court the cases were tried before Dana, J. The material evidence is described in the opinion. At the close of the evidence the defendant asked for the following rulings and instructions: “ 1. That upon the facts, as alleged in the declaration, and upon all the evidence introduced, the defendant is not liable for the damage done to the…
1Opinion of the CourtRugg, C. J.
These two actions are brought to recover for the conscious suffering and death of the plaintiff’s intestate, hereafter termed the plaintiff, alleged to have been caused by a defective condition of a highway. There was evidence tending to show that the accident occurred in this way: The plaintiff, a milkman, was watering his horse at a fountain in the street between eight and nine o’clock of a misty morning, when an automobile carefully driven came upon the street and, by reason of the extremely slippery condition of its surface due to its being oiled on the preced*464ing afternoon by those in…
2Cases cited14 opinions
- Madden's CaseMassachusetts Supreme Judicial Court · 1916
- Loftus v. PelletierMassachusetts Supreme Judicial Court · 1916
- Doherty v. Inhabitants of AyerMassachusetts Supreme Judicial Court · 1908
- Larson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Hayes v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1891
9 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Lonergan v. American Railway Express Co.Massachusetts Supreme Judicial Court · 1924
- Frechette v. City of New HavenSupreme Court of Connecticut · 1926
- Lambert v. Eastern Massachusetts Street Railway Co.Massachusetts Supreme Judicial Court · 1922
- Lydon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1941
- Burke v. CookMassachusetts Supreme Judicial Court · 1923
34 more not listed; retrieve them via the Exa API.