Bartley v. Boston & Northern Street Railway Co.
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Benedicto Taglieri, with counts at common law and under the employers’ liability act, as described in the opinion, for causing the conscious suffering and death of the plaintiff’s intestate while in the employ of the defendant.
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Tort by the administrator of the estate of Benedicto Taglieri, with counts at common law and under the employers’ liability act, as described in the opinion, for causing the conscious suffering and death of the plaintiff’s intestate while in the employ of the defendant. Writ dated December 17, 1904. In the Superior Court the case was tried before Sherman, J. There was evidence which tended to prove the following facts: The accident occurred on October 15, 1904. The intestate was born in Italy, was about twenty-eight years of age, had been in this country about eight years and had been in the…
1Opinion of the CourtBraley, J.
While at work as a shoveller in the hold of a barge unloading coal for the defendant, the plaintiff’s intestate was struck by a lump of coal which fell from an ascending bucket, and after a period of conscious suffering died from the injuries received. By the waiver of the second and fifth counts, and there being no evidence to support the third, which became immaterial by reason of the questions under which the case was submitted to the jury, the liability of the defendant finally rested upon the allegations in the first, fourth and sixth counts of the original declaration. Of these, the…
2Cases cited18 opinions
- Boyle v. Columbian Fire Proofing Co.Massachusetts Supreme Judicial Court · 1902
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- Lynch v. AllynMassachusetts Supreme Judicial Court · 1893
- Brick v. BosworthMassachusetts Supreme Judicial Court · 1894
- Feeney v. York Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
13 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Brooks v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Nugent v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1921
- Beauvais v. Springfield Institution for SavingsMassachusetts Supreme Judicial Court · 1939
- Dulligan v. Barber Asphalt Paving Co.Massachusetts Supreme Judicial Court · 1909
- López v. American Railroad Co. of Porto RicoSupreme Court of Puerto Rico · 1936
19 more not listed; retrieve them via the Exa API.