Putnam v. Savage
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Annie E. Putnam, late of Chelsea, originally against Joseph B. Smith of Somerville, with a declaration in two counts, the first count being for conscious suffering caused to, and the second for the death of, the plaintiff’s intestate, alleged to have resulted on May 16,1920, from negligent operation of an automobile by the defendant.
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Tort by the administrator of the estate of Annie E. Putnam, late of Chelsea, originally against Joseph B. Smith of Somerville, with a declaration in two counts, the first count being for conscious suffering caused to, and the second for the death of, the plaintiff’s intestate, alleged to have resulted on May 16,1920, from negligent operation of an automobile by the defendant. Writ dated July 1, 1920. During the pendency of the action, the defendant died and Henry W. Savage, executor of his will, was admitted as a party defendant and was permitted to file a further answer alleging “that the…
1Opinion of the CourtRugg, C.J.
This was an action brought by an administrator to recover damages for the conscious suffering and death of his intestate caused by the negligence of one Joseph P. Smith. There are two counts in the declaration. The first is for conscious suffering concerning which now there is no controversy. The second is for death and is founded on St. 1907, c. 375, now G. L. c. 229, § 5, whereby “If a person . . . by his . . . negligence . . . causes the death of a person who is in the exercise of due care and not in his . . . employment or service, he . . .. shall be liable in damages in the sum of not…
2Cases cited25 opinions
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Madden's CaseMassachusetts Supreme Judicial Court · 1916
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Mulvey v. City of BostonMassachusetts Supreme Judicial Court · 1908
- White v. United StatesSupreme Court of the United States · 1903
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3Cited by41 opinions
- Gaudette v. WebbMassachusetts Supreme Judicial Court · 1972
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- Hunt v. AuthierCalifornia Supreme Court · 1946
- Larabee v. Potvin Lumber Co.Massachusetts Supreme Judicial Court · 1983
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