Ingraham v. Boston & Norther Street Railway Co.
Massachusetts Supreme Judicial Court
Thbee actions of tobt growing out of an accident which resulted in the death of the plaintiff’s child, Doris, a little girl three years and four months of age. Two of the actions, in which the plaintiff sued as administrator, were brought to recover for the death and the conscious suffering of his intestate. The third action was brought by the father to recover for loss of services and for expenses due to the injury.
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Thbee actions of tobt growing out of an accident which resulted in the death of the plaintiff’s child, Doris, a little girl three years and four months of age. Two of the actions, in which the plaintiff sued as administrator, were brought to recover for the death and the conscious suffering of his intestate. The third action was brought by the father to recover for loss of services and for expenses due to the injury. Writs dated October 29, 1906. In the Superior Court the three cases were tried together before Lawton, J. There was evidence tending to show the following facts: Doris Ingraham,…
1Opinion of the CourtLoring, J.
1. So far as due care on the part of the child’s mother goes these cases come within Hewitt v. Taunton Street Railway, 167 Mass. 483, and not within the later case of Cotter v. Lynn & Boston Railroad, 180 Mass. 145. The age of the child in Hewitt v. Taunton Street Railway was the same as that of the child in these cases. The yard in question in that case had a fence “ with gates opening ” on one of the main thoroughfares in the city of Taunton, while in these cases the yard had no fence on the side next to Salem Street, but Salem Street was “ like the ordinary village street, not thicky…
2Cases cited8 opinions
- Brennan v. Standard Oil Co. of New YorkMassachusetts Supreme Judicial Court · 1905
- Hewitt v. Taunton Street Railway Co.Massachusetts Supreme Judicial Court · 1897
- Hankinson v. Lynn Gas & Electric Co.Massachusetts Supreme Judicial Court · 1900
- Cotter v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
- Lanci v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ayers v. RatsheskyMassachusetts Supreme Judicial Court · 1913
- Shear v. RogoffMassachusetts Supreme Judicial Court · 1934
- Klayman v. SilbersteinMassachusetts Supreme Judicial Court · 1925
- Grant v. Bangor Railway & Electric Co.Supreme Judicial Court of Maine · 1912
- Coldiron v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1925
7 more not listed; retrieve them via the Exa API.