Wiemert v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two actions of tort, the first for conscious suffering, and the second for causing the death of Peter Wiemert, who was alleged to have been thrown to the ground by the negligent starting of an electric street car of the defendant as he was in the act of boarding it. Writs dated respectively October 20, 1911, and July 22, 1912. In the Superior Court the cases were tried together before Hitchcock, J. Exceptions taken in the first case were waived.
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Two actions of tort, the first for conscious suffering, and the second for causing the death of Peter Wiemert, who was alleged to have been thrown to the ground by the negligent starting of an electric street car of the defendant as he was in the act of boarding it. Writs dated respectively October 20, 1911, and July 22, 1912. In the Superior Court the cases were tried together before Hitchcock, J. Exceptions taken in the first case were waived. In the second case, at the close of the evidence, the defendant asked for the following rulings among others: “1. Upon all the evidence the plaintiff…
1Opinion of the CourtHammond, J.
These two actions were tried together. The exceptions in the action for conscious suffering having been *601waived, we consider only those in the second action, being that brought under St. 1907, c. 392, to recover for death of a passenger. The first question is whether the evidence warranted a finding that within the meaning of the statute the death was caused by the accident. The defendant strongly contends that this question should be answered in the negative.
At the trial it was admitted by the plaintiff that her intestate, hereinafter called the deceased, had for a period of at least five…
2Cases cited5 opinions
- Brooks v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Railroad v. NorthingtonTennessee Supreme Court · 1891
- Holland v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1887
- Meekins v. Railway Co.Supreme Court of North Carolina · 1904
- Gray v. . LittleSupreme Court of North Carolina · 1900
3Cited by25 opinions
- Madden's CaseMassachusetts Supreme Judicial Court · 1916
- Sponatski's CaseMassachusetts Supreme Judicial Court · 1915
- Wallace v. LudwigMassachusetts Supreme Judicial Court · 1935
- Boott Mills v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- Brightman's CaseMassachusetts Supreme Judicial Court · 1914
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