Taylor v. Pierce Bros.
Massachusetts Supreme Judicial Court
Tort under St. 1909, c. 514, § 129, by the father and mother of Robert A. Taylor, as his next of kin who were dependent upon his wages for support, for causing his instant death on August 16, 1910, when he was employed as a back boy in the cotton mill of the defendant at New Bedford.
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Tort under St. 1909, c. 514, § 129, by the father and mother of Robert A. Taylor, as his next of kin who were dependent upon his wages for support, for causing his instant death on August 16, 1910, when he was employed as a back boy in the cotton mill of the defendant at New Bedford. Writ dated November 19, 1910. In the Superior Court the case was tried before Lawton, J. The contention of the plaintiffs in regard to the happening of the accident and the character of the evidence are described in the opinion. At the close of the evidence the defendant asked for certain rulings, of which the…
1Opinion of the CourtBraley, J.
The defendant, having waived the exceptions to the admission of evidence, contends, that the jury should have been instructed in accordance with its first request, that upon all the evidence the plaintiffs could not recover. If it be assumed that under R. L. c. 104, § 27,* and the decision in Doolan v. Pocasset Manuf. Co. 200 Mass. 200, there was evidence for the jury of the defendant’s negligence, the more difficult question is whether *249the plaintiffs were properly allowed to go to the jury on the question of the decedent’s due care.
The roving for the mules was kept in the card room below,…
2Cases cited9 opinions
- Prince v. Lowell Electric Light Corp.Massachusetts Supreme Judicial Court · 1909
- French v. SabinMassachusetts Supreme Judicial Court · 1909
- Crowell v. MoleyMassachusetts Supreme Judicial Court · 1905
- Doolan v. Pocasset Manufacturing Co.Massachusetts Supreme Judicial Court · 1908
- Galvin v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Murphy v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1913
- Taylor v. Pierce Bros.Massachusetts Supreme Judicial Court · 1915
- Carney v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Plympton v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Scanlon v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1913
2 more not listed; retrieve them via the Exa API.