Renaud v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort under St. 1906, c. 468, Part I, § 63, for the death of the plaintiffs intestate. Writ dated November 8,1906. The case previously was before this court when exceptions taken by the defendant at a previous trial were sustained by a decision reported in 206 Mass. 557. At the second trial in the Superior Court, which was before Fox, J., the case was submitted to the jury only upon the first count, of the declaration, which alleged that the plaintiff’s intestate was a…
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Tort under St. 1906, c. 468, Part I, § 63, for the death of the plaintiffs intestate. Writ dated November 8,1906. The case previously was before this court when exceptions taken by the defendant at a previous trial were sustained by a decision reported in 206 Mass. 557. At the second trial in the Superior Court, which was before Fox, J., the case was submitted to the jury only upon the first count, of the declaration, which alleged that the plaintiff’s intestate was a passenger on a train of the defendant at the time he was killed. The presiding judge ruled as a matter of law that there was…
1Opinion of the CourtRugg, C. J.
This is an action under St. 1906, c. 463, Part I, § 63, to recover damages for the death of the plaintiff’s intestate, while a passenger. A reasonable inference was possible from one aspect of the evidence that the plaintiff’s intestate, leaving his seat in a moving train of the defendant upon which he was *555a passenger, went on the lower step of a car, and, while the train was still in motion, was thrown off the step and killed through the suction created by a train passing at a high rate of speed on the next track. The defendant offered to prove that there was conspicuously painted on the…
2Cases cited22 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Macon & Western Railroad v. JohnsonSupreme Court of Georgia · 1868
- Brooks v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
17 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Boott Mills v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- Brown v. ThayerMassachusetts Supreme Judicial Court · 1912
- Prondecka v. Turners Falls Power & Electric Co.Massachusetts Supreme Judicial Court · 1921
- Bilodeau v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1920
- Blanchette v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1924
13 more not listed; retrieve them via the Exa API.