Youngerman v. New York, New Haven, & Hartford Railroad Co.
Massachusetts Supreme Judicial Court
Tort under St. 1906, c. 463, Part I, § 63, for causing the death of the plaintiff’s intestate, Conrad Youngerman, on February 24, 1912, the declaration as amended containing two counts, the first count alleging that the deceased was not in the employ of the defendant, while the second count contained an allegation that he was a passenger of the defendant.
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Tort under St. 1906, c. 463, Part I, § 63, for causing the death of the plaintiff’s intestate, Conrad Youngerman, on February 24, 1912, the declaration as amended containing two counts, the first count alleging that the deceased was not in the employ of the defendant, while the second count contained an allegation that he was a passenger of the defendant. Writ dated June 5, 1913. In the Superior Court the case was tried before White, J. The material evidence is described in the opinion. At the close of the evidence the presiding judge ordered a verdict for the defendant; and the plaintiff…
1Opinion of the CourtCarroll, J.
At Field’s Corner station, the defendant’s railroad crosses Freeman Street by an overhead bridge. The station and platform are on the west, or left hand side of the tracks, looting toward Boston, and north of Freeman Street. On February 24, 1912, while standing on the opposite side of the tracks, a few feet south of the bridge spanning Freeman Street, and between the easterly rail of the inbound track and a retaining wall, the plaintiff’s intestate was struck by an engine coming from the south, and instantly killed.
1. On the morning of his death the deceased came from Geneva Avenue, south of…
2Cases cited9 opinions
- Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
- Bothwell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
- Hillman v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Hogner v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Murphy v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1924
- Hafey v. Turners Falls Power & Electric Co.Massachusetts Supreme Judicial Court · 1921
- McCarthy v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1946
- Bruso v. Eastern States ExpositionMassachusetts Supreme Judicial Court · 1929
- Doherty v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1918
4 more not listed; retrieve them via the Exa API.