Ramsdell v. New York & New England Railroad
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of one McGoldrick, for causing his death. The declaration, as amended, was as follows: “And the plaintiff says that on the third day of January, 1889, his intestate received personal injuries, in consequence of 'which he died after a few hours; said personal injuries being received while his said intestate was in the defendant’s employ, and engaged in the discharge of the usual duties of his employment upon the defendant’s premises, at…
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Tort by the administrator of the estate of one McGoldrick, for causing his death. The declaration, as amended, was as follows: “And the plaintiff says that on the third day of January, 1889, his intestate received personal injuries, in consequence of 'which he died after a few hours; said personal injuries being received while his said intestate was in the defendant’s employ, and engaged in the discharge of the usual duties of his employment upon the defendant’s premises, at or upon ‘ the farm,’ so called, in Boston, and in the exercise of due care, by reason of a defect, of which said…
1Opinion of the CourtKnowlton, J.
The plaintiff sues as administrator, and expressly states in his declaration that he brings this action “ under the provisions of chapter 270 of the Acts of 1887,* to recover compensation for the death of the said intestate, and not for his suffering.” We are thus brought directly to the question, whether this statute, commonly called the employers’ liability act, gives an administrator a right of action on account of the death of his intestate, in addition to his right, as legal representative, to recover the damages which accrued to the intestate in his lifetime.
Clause 8 of § 1 of the…
2Cited by6 opinions
- Dacey v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1891
- Gustafsen v. Washburn & Moen Manufacturing Co.Massachusetts Supreme Judicial Court · 1891
- Daly v. New Jersey Steel & Iron Co.Massachusetts Supreme Judicial Court · 1891
- Vetaloro v. PerkinsU.S. Circuit Court for the District of Massachusetts · 1900
- Smith v. Thomson-Houston Electric Co.Massachusetts Supreme Judicial Court · 1905
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