Halloran v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort for personal injuries received by the plaintiff, while a passenger in the rear car of a train of the defendant, caused by an engine running into the train from the rear. Writ dated April 15, 1909. The case was tried before Dubuque, J. At the time of the trial the declaration contained only general allegations as to damages.
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Tort for personal injuries received by the plaintiff, while a passenger in the rear car of a train of the defendant, caused by an engine running into the train from the rear. Writ dated April 15, 1909. The case was tried before Dubuque, J. At the time of the trial the declaration contained only general allegations as to damages. The plaintiff was allowed by the judge to offer the evidence of special damages described in the opinion, the defendant objecting, but not on any ground relating to the pleadings. Other facts are stated in the opinion. The jury found for the plaintiff in the sum of…
1Opinion of the CourtSheldon, J.
The judge had a right to allow the plaintiff to amend her declaration, even after verdict. Whipple v. Rich, 180 Mass. 477, 480. Commonwealth v. National Contracting Co. 201 Mass. 248. The defendant’s objection to the admission of evidence of special damages was not rested upon the pleadings and the merits appear to have been fairly tried without any reference to the insufficiency of the declaration. Quimby v. Jay, 196 Mass. 584. Lemay v. Springfield Street Railway, 210 Mass. 63.
The evidence that the plaintiff had been studying music with the intention of becoming a singer for hire, in…
2Cases cited11 opinions
- Field v. GowdyMassachusetts Supreme Judicial Court · 1908
- Whipple v. RichMassachusetts Supreme Judicial Court · 1902
- McGarrahan v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
- Commonwealth v. RobertsonMassachusetts Supreme Judicial Court · 1894
- De Forge v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Gray v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Doherty v. RuizMassachusetts Supreme Judicial Court · 1939
- Leave v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1940
- Grayson v. Irvmar Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1959
5 more not listed; retrieve them via the Exa API.