Lynch v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort by the widow of Jeremiah Lynch to recover under St. 1909, c. 514, §§ 127, 129, for the instantaneous death of her husband while in the employ of the defendant. Writ dated November 10, 1915. In the Superior Court the action was tried before Dana, J. The material evidence is described in the opinion.
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Tort by the widow of Jeremiah Lynch to recover under St. 1909, c. 514, §§ 127, 129, for the instantaneous death of her husband while in the employ of the defendant. Writ dated November 10, 1915. In the Superior Court the action was tried before Dana, J. The material evidence is described in the opinion. At the close of the plaintiff’s evidence the judge ruled that the plaintiff’s husband at the time when he was killed was engaged in interstate commerce and “for want of jurisdiction” ordered a verdict for the defendant. The plaintiff alleged exceptions. The case was submitted on briefs.
1Opinion of the CourtCrosby, J.
This is an action brought under the Massachusetts employers’ liability act, St. 1909, c. 514, to recover for the death of Jeremiah Lynch, the plaintiff’s husband, who was struck and instantly killed by a train at Newburyport in this Commonwealth, on August 5, 1915, while in the employ of the defendant.
The train which struck Lynch was a passenger train running from Portland, Maine, to Boston. It was a regular mail train leaving mail from Portland and way stations at Newburyport, where it was due at about 3:17 o’clock in the morning; the last stops of the train previous to reaching Newburyport…
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