Smith v. Thomson-Houston Electric Co.
Massachusetts Supreme Judicial Court
Two actions OE tort, the first by Margaret Smith, as the widow of George F. Smith, alleged to be for the benefit of herself and the next of kin of her husband, for his injury and death alleged to have been caused by the defective condition of a step of a car of the defendant on which the plaintiff’s husband was at work as switchman, and the second by the same Margaret Smith as administratrix of the estate of her husband, with two counts under the employers’ liability act and…
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Two actions OE tort, the first by Margaret Smith, as the widow of George F. Smith, alleged to be for the benefit of herself and the next of kin of her husband, for his injury and death alleged to have been caused by the defective condition of a step of a car of the defendant on which the plaintiff’s husband was at work as switchman, and the second by the same Margaret Smith as administratrix of the estate of her husband, with two counts under the employers’ liability act and a third count at common law for conscious suffering of the plaintiff’s intestate. Writs dated October 14, 1901. In the…
1Opinion of the CourtBraley, J.
These are actions of tort tried together in the Superior Court, in which the plaintiff, as the widow of George F. Smith, seeks in the first to recover damages for his death under R. L. c. 106, and in the second under the same chapter, and at common law, as administratrix, for conscious suffering preceding death, both alleged to have been caused by the negligence of the defendant. Verdicts having been returned in her favor, the defendant brings the cases before us on exceptions to the refusal of the presiding judge to rule “ that as the intestate experienced conscious suffering the first…
2Cases cited12 opinions
- Brown v. Greenfield Life Ass'nMassachusetts Supreme Judicial Court · 1899
- Bowes v. City of BostonMassachusetts Supreme Judicial Court · 1892
- Dacey v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1891
- Aiken v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- Murphy v. Marston Coal Co.Massachusetts Supreme Judicial Court · 1903
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
- Cripps's CaseMassachusetts Supreme Judicial Court · 1914
- Bartley v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Gerry v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1924
- Howard v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1909
5 more not listed; retrieve them via the Exa API.