Mercier v. Union Street Railway Co.
Massachusetts Supreme Judicial Court
Tort by the administratrix of the estate of Joseph Mercier, with a declaration, as amended, in eight counts, the seventh and eighth counts, the only ones relied on at the trial, being for causing the death of the plaintiff’s intestate on May 20, 1916. Writ dated June 14, 1916. The case previously was before this court, when exceptions by the plaintiff to the ordering of a verdict for the defendant were sustained in a decision reported in 230 Mass. 397. The case was tried…
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Tort by the administratrix of the estate of Joseph Mercier, with a declaration, as amended, in eight counts, the seventh and eighth counts, the only ones relied on at the trial, being for causing the death of the plaintiff’s intestate on May 20, 1916. Writ dated June 14, 1916. The case previously was before this court, when exceptions by the plaintiff to the ordering of a verdict for the defendant were sustained in a decision reported in 230 Mass. 397. The case was tried again in the Superior Court before J. F. Brown, J. The material evidence at this trial is described in the opinion. At the…
1Opinion of the CourtCrosby, J.
This is an action brought under St. 1906, c. 463, Part I, § 63, as amended by St. 1907, c. 392, by the administratrix of the estate of Joseph Mercier, to recover for his death.
The deceased, who had been a passenger on a car of the defendant from Fall River, with three other passengers alighted on a dark night in a sparsely settled neighborhood at a place known as Howland’s Crossing, in Westport. The highway at this point was north of the double track of the defendant; the crossing, consisting of planks against the rails, led from the highway to a lane where there were some camps, and at the…
2Cases cited12 opinions
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Daniels v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
- Menard v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
- Mercier v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
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3Cited by7 opinions
- Guinan v. Famous Players-Lasky Corp.Massachusetts Supreme Judicial Court · 1929
- Sullivan v. ChadwickMassachusetts Supreme Judicial Court · 1920
- Hinckley v. Capital Motor Transportation Co.Massachusetts Supreme Judicial Court · 1947
- Brennan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1927
- Hanneman v. I. Shlivek & Sons, Inc.Massachusetts Supreme Judicial Court · 1920
2 more not listed; retrieve them via the Exa API.