Commonwealth v. Metropolitan Railroad
Massachusetts Supreme Judicial Court
Indictment under the St. of 1864, a. 229, § 37, against a street railway corporation, for driving a car against and over Margaret Shaughnessey, whereby her life “ was thereafterwards on the same day lost.”
Read the full summary
Indictment under the St. of 1864, a. 229, § 37, against a street railway corporation, for driving a car against and over Margaret Shaughnessey, whereby her life “ was thereafterwards on the same day lost.” In the superior court in Suffolk, before the jury were empanelled, the defendants moved, and Putnam, J., overruled the motion, to quash the indictment, because it did not appear thereby “ that said Margaret immediately lost her life by reason of any alleged negligence of the defendants; ” or “ how soon death followed from said alleged negligence ; ” or “ but that she lived sufficient length…
1Opinion of the CourtColt, J.
Liability to indictment under the statute for death caused by the negligence of a street railway corporation is not confined to cases where the death is instantaneous. There is no such limit in express terms; nor does the fact that a civil action for damages lies, under another statute,- in favor of the legal representative, when the death is not instantaneous, justify the interpretation contended for. St. 1864, c. 229, § 37. Gen. Sts. c~ 127.
A common law action, surviving under the statute to the administrator, and an indictment under the statute, do not cover the same ground. In the former,…
2Cases cited1 opinion
- Mulligan v. CurtisMassachusetts Supreme Judicial Court · 1868
3Cited by13 opinions
- St. Louis S. F. R. Co. v. Goode, Adm'x.Supreme Court of Oklahoma · 1914
- Davis v. RailwaySupreme Court of Arkansas · 1890
- Collins v. South Boston RailroadMassachusetts Supreme Judicial Court · 1886
- Davis v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1887
- Beale v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
8 more not listed; retrieve them via the Exa API.