Murphy v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort by the administratrix of the estate of Jeremiah J. Murphy, late of Danvers, for causing the death of the plaintiff’s intestate on August 11, 1910, when he was alleged to have been received as a passenger on a train of the defendant and to have been unlawfully removed from such train by the servants of the defendant, and, through the negligence of such servants as also by their wanton and reckless acts, to have been left by them in a dangerous place without proper care…
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Tort by the administratrix of the estate of Jeremiah J. Murphy, late of Danvers, for causing the death of the plaintiff’s intestate on August 11, 1910, when he was alleged to have been received as a passenger on a train of the defendant and to have been unlawfully removed from such train by the servants of the defendant, and, through the negligence of such servants as also by their wanton and reckless acts, to have been left by them in a dangerous place without proper care or regard for his subsequent safety, by reason of which he was run over and killed by another train of the defendant.…
1Opinion of the CourtBraley, J.
The ruling that the plaintiff could not recover having been made on the opening of counsel, his statements are to be treated not only as if put in evidence but as being true. Berry v. Newton & Boston Street Railway, 209 Mass. 100.
It is alleged in each count of the declaration, that at the time of the intestate’s death he was a passenger. If the jury could have so found, the further allegation of his due care was unnecessary, and could be treated as immaterial." St. 1906, c. 463, Part I, § 63, as amended by St. 1907, c. 392. Merrill v. Eastern Railroad, 139 Mass. 252.
But it appears that while…
2Cases cited11 opinions
- Black v. New York, New Haven, & Hartford Railroad Co.Massachusetts Supreme Judicial Court · 1907
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
- Jackson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Corcoran v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1882
- Menut v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Singarella v. City of BostonMassachusetts Supreme Judicial Court · 1961
- Fagan v. . Atlantic Coast Line R.R. Co.New York Court of Appeals · 1917
- Douglas v. WhittakerMassachusetts Supreme Judicial Court · 1949
- Jaffe v. Philadelphia & Western R. CoCourt of Appeals for the Third Circuit · 1950
- Energy Electric Co. v. General Electric Co.Massachusetts Supreme Judicial Court · 1928
9 more not listed; retrieve them via the Exa API.