Brosnan v. Gage
Massachusetts Supreme Judicial Court
Tort, by the administrator of the estate of Thomas J. Brosnan ior the causing of conscious suffering and the death of the plaintiff’s intestate which resulted from his breaking through thin ice formed over an area of the Merrimack River above the Pawtucket dam at Lowell where, about four days previously, the ■defendant had cut ice for commercial purposes. Writ dated June 27, 1917. In the Superior Court, the action was heard by Keating, J., ' without a jury.
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Tort, by the administrator of the estate of Thomas J. Brosnan ior the causing of conscious suffering and the death of the plaintiff’s intestate which resulted from his breaking through thin ice formed over an area of the Merrimack River above the Pawtucket dam at Lowell where, about four days previously, the ■defendant had cut ice for commercial purposes. Writ dated June 27, 1917. In the Superior Court, the action was heard by Keating, J., ' without a jury. Material evidence is described in the opinion. At the close of the evidence at the request of the defendant, the judge ruled as a matter…
1Opinion of the CourtPierce, J.
This is an action to recover for the conscious suffering and death of a son of the plaintiff by drowning in the Merrimack River, at Lowell, at a point above the Pawtucket dam on the morning of Feburary 28, 1917.
The deceased, while skating, broke through thin ice which had formed over an area of the river at a place where, on or before Feburary 24, 1917, the defendant had cut ice for commercial purposes, and where upon the removal of the ice the defendant had not placed nor caused to be placed any barriers, railings or other warnings to indicate where the thin ice began and the thick ice…
2Cases cited5 opinions
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Commonwealth v. VincentMassachusetts Supreme Judicial Court · 1871
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- Sughrue v. BoothMassachusetts Supreme Judicial Court · 1919
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