Nauss v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort by the administrator of John A. Nauss. Writ in the Superior Court for, the county of Essex dated February 4, 1904. The declaration contained three counts, but the case was submitted to the jury by the presiding judge on the second count only, which was for recovery under R. L. c.
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Tort by the administrator of John A. Nauss. Writ in the Superior Court for, the county of Essex dated February 4, 1904. The declaration contained three counts, but the case was submitted to the jury by the presiding judge on the second count only, which was for recovery under R. L. c. Ill, § 267, for loss of the life of the plaintiff’s intestate, not a passenger of the defendant, by reason of the unfitness and gross negligence of the defendant’s agents and servants ; and the presiding judge further ruled that there was no evidence to warrant a finding that the intestate lost his life by…
1Opinion of the CourtHammond, J.
As finally submitted to the jury this was an action of tort brought under R. L. c. Ill, § 267, by the administrator of the estate of John A. Nauss, to recover for the death of the intestate who was not a passenger. The accident happened about half past nine o’clock in the morning of June 2, 1903. One of the questions is whether the evidence warranted a finding of gross negligence on the part of the defendant’s servants and agents.
It appeared that the defendant had contracted to carry that day a fire engine from Waltham to Lawrence; that after the *367engine had been placed upon a flat car…
2Cases cited3 opinions
- Hartford v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
- Dolphin v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1905
- Moran v. Milford & Uxbridge Street Railway Co.Massachusetts Supreme Judicial Court · 1906
3Cited by2 opinions
- Devine v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1910
- Williamson-Green v. Equipment 4 Rent, Inc.Massachusetts Appeals Court · 2016