Doyle v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Tort, to recover damages for the death of the plaintiff’s intestate Cornelius J. Doyle. The declaration, which was in two counts, alleged that the action was brought by the plaintiff for his own benefit, as the father and next of kin of the intestate.
Read the full summary
Tort, to recover damages for the death of the plaintiff’s intestate Cornelius J. Doyle. The declaration, which was in two counts, alleged that the action was brought by the plaintiff for his own benefit, as the father and next of kin of the intestate. The answer was a general denial, and that “the deceased was riding upon a train of the defendant under an express contract and agreement, by which he released the defendant from all liability on account of the alleged injuries.” At the trial in the Superior Court, without a jury, before Dunbar, J., there was evidence tending to show that…
1Opinion of the CourtMorton, J.
It is conceded that the death of the plaintiff’s intestate was due to the gross negligence of an engineer in the employ of the defendant. The defence rests on two propositions, first, that the- plaintiff’s intestate was not a passenger, but an employee; secondly, if that is not so, that the defendant is not liable by reason of the conditions on the back of the ticket.
The statute is as follows: “ If by reason of the negligence ... of a corporation operating a railroad, ... or of the unfitness or gross negligence or carelessness of its servants, . . . while engaged in its business, the life of…
2Cases cited13 opinions
- Russell v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Evansville & Richmond Railroad v. MadduxIndiana Supreme Court · 1893
- Kansas City M. & B. R. R. v. PhillipsSupreme Court of Alabama · 1893
- International & Great Northern Railway Co. v. RyanTexas Supreme Court · 1891
- Littlejohn v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1889
8 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Boott Mills v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- Boston & M. R. R. v. HurdCourt of Appeals for the First Circuit · 1901
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
- Sassaman v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1944
- Cripps's CaseMassachusetts Supreme Judicial Court · 1914
39 more not listed; retrieve them via the Exa API.