Gooch v. Citizens Electric Street Railway Co.
Massachusetts Supreme Judicial Court
Tort by the widow of one Howard G. Gooch, late of Newburyport, under R. L. c. 106, § 73, to recover for the instantaneous death of her husband on July 26, 1907, alleged in the first count to have been caused by a defect in the ways, works or machinery of the defendant, and alleged in the second count to have been caused by the negligence of a person intrusted with and exercising superintendence.
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Tort by the widow of one Howard G. Gooch, late of Newburyport, under R. L. c. 106, § 73, to recover for the instantaneous death of her husband on July 26, 1907, alleged in the first count to have been caused by a defect in the ways, works or machinery of the defendant, and alleged in the second count to have been caused by the negligence of a person intrusted with and exercising superintendence. Writ dated September 7, 1907. At the trial in the Superior Court before Bishop, J., there was evidence from which the jury could find that the death of the plaintiff’s husband was due to an electric…
1Opinion of the CourtSheldon, J.
In this action, brought under the employers’ liability act, R. L. c. 106, § 73, there can be no recovery unless the plaintiff’s intestate, at the time of the injury which caused his death, was acting in the employ of the defendant. Dane v. Cochrane Chemical Co. 164 Mass. 453, 457. The first and most *256important question is, accordingly, whether at that time the relation of employer and employee existed between the defendant and the deceased.
He was in the general employ of the defendant as a regular motorman, paid, as the evidence indicates and as his counsel state in their brief, at a fixed…
2Cases cited10 opinions
- Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Boyle v. Columbian Fire Proofing Co.Massachusetts Supreme Judicial Court · 1902
- Dickinson v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1901
- Broderick v. Detroit Union Railroad Station & Depot Co.Michigan Supreme Court · 1885
- Donaldson v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1905
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3Cited by4 opinions
- Ross v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1916
- Holliday v. Merchants & Miners Transportation Co.Supreme Court of Georgia · 1926
- Muise v. Century Indemnity Co.Massachusetts Supreme Judicial Court · 1946
- Langley v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916