Sughrue v. Booth
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Daniel J. A’Hern, late of Boston, for conscious suffering of the plaintiff’s' intestate from an injury received on October 21, 1916, and for his death on November 7, 1916. Writ dated December 16, 1916. In the Superior Court the case was tried before Pana, J. There was evidence that the defendant was a master stevedore who was performing a contract to unload a cargo of sugar from the steamship Gulf axe at the wharf of the American…
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Tort by the administrator of the estate of Daniel J. A’Hern, late of Boston, for conscious suffering of the plaintiff’s' intestate from an injury received on October 21, 1916, and for his death on November 7, 1916. Writ dated December 16, 1916. In the Superior Court the case was tried before Pana, J. There was evidence that the defendant was a master stevedore who was performing a contract to unload a cargo of sugar from the steamship Gulf axe at the wharf of the American Sugar Refining Company in the part of Boston called South Boston, that the plaintiff had been appointed by the United…
1Opinion of the CourtLosing, J.
It is in effect conceded by the defendant that the plaintiff’s intestate was killed by the negligence of the defendant’s servants in unloading the cargo of the steamship Gulfaxe. The defendant has undertaken to uphold the ruling of the presiding judge on the ground that to make out liability for conscious suffering the plaintiff had to prove reckless and wanton misconduct on the part of the defendant’s servants and that he had to prove gross negligence to make out liability for death.
At the time in question the Gulfaxe was in the custody of the United States marshal who had appointed the…
2Cases cited2 opinions
- Boutlier v. City of MaldenMassachusetts Supreme Judicial Court · 1917
- Corrigan v. Union Sugar RefineryMassachusetts Supreme Judicial Court · 1868
3Cited by14 opinions
- Sarna v. American Bosch Magneto Corp.Massachusetts Supreme Judicial Court · 1935
- Montellier v. United StatesDistrict Court, E.D. New York · 1962
- Burke v. ToothakerMassachusetts Appeals Court · 1973
- Urban v. Central Massachusetts Electric Co.Massachusetts Supreme Judicial Court · 1938
- Cohen v. DaviesMassachusetts Supreme Judicial Court · 1940
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