Barrett v. Dolan
Massachusetts Supreme Judicial Court
Tort. The declaration contained two counts, each alleging in substance that the plaintiff’s husband, Thomas Barrett, was, on February 8, 1880, injured by the cars of the Boston and Providence Railroad Company, at Hyde Park, while intoxicated and in consequence of such intoxication, from which injuries he soon afterwards died; that his intoxication was caused, in whole or in part, by intoxicating liquors sold or given to him by the defendant, in the building then owned and…
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Tort. The declaration contained two counts, each alleging in substance that the plaintiff’s husband, Thomas Barrett, was, on February 8, 1880, injured by the cars of the Boston and Providence Railroad Company, at Hyde Park, while intoxicated and in consequence of such intoxication, from which injuries he soon afterwards died; that his intoxication was caused, in whole or in part, by intoxicating liquors sold or given to him by the defendant, in the building then owned and occupied by her in said Hyde Park; and that the plaintiff was wholly dependent on him for support, and by his death she…
1Opinion of the CourtLord, J.
The demurrer in this case was rightly sustained. There are insuperable objections to the maintenance of the action. The cause of action, as stated in each count, is the death of a husband. In this Commonwealth, there is no right of action by any person for damages occasioned by causing the death of another. Carey v. Berkshire Railroad, 1 Cush. 475. Shaw v. Boston & Worcester Railroad, 8 Gray, 45, 80. Kearney v. Boston & Worcester Railroad, 9 Cush. 108. Palfrey v. Portland, Saco & Portsmouth Railroad, 4 Allen, 55. This proposition may certainly be deemed elementary.
There is nothing in the St.…
2Cited by8 opinions
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