Burns v. Oliver Whyte Co.
Massachusetts Supreme Judicial Court
Tort, by the administratrix of the estate of Edward L. Kelley, for his conscious suffering and death alleged to have been caused by negligence of employees of the defendant in running over him with a motor truck on Mystic Avenue in Somerville on November 21, 1916. Writ dated March 5, 1917. In the Superior Court the case was tried before J. F. Brown, J. A verdict was ordered for the defendant on the count for conscious suffering.
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Tort, by the administratrix of the estate of Edward L. Kelley, for his conscious suffering and death alleged to have been caused by negligence of employees of the defendant in running over him with a motor truck on Mystic Avenue in Somerville on November 21, 1916. Writ dated March 5, 1917. In the Superior Court the case was tried before J. F. Brown, J. A verdict was ordered for the defendant on the count for conscious suffering. At the close of the evidence the defendant moved for a verdict on the count for causing death on the ground that on all the evidence the plaintiff was not entitled to…
1Opinion of the CourtBraley, J.
The action is tort for conscious suffering and death of the plaintiff’s intestate who was struck and instantly killed by a motor truck operated by an employee of the defendant. A verdict for the defendant was ordered on the count for conscious suffering, but, the jury having found for the plaintiff on the count for death, the case is before us on the defendant’s exceptions to the refusal of the trial judge to rule that on all the evidence the plaintiff as matter of law was not entitled to recover.
The jury on the record would have been warranted in finding the following facts: The plaintiff’s…
2Cases cited10 opinions
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Bothwell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Mercier v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
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3Cited by11 opinions
- Barnes v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1932
- Dube v. Keogh Storage Co.Massachusetts Supreme Judicial Court · 1920
- Shapiro v. LyonMassachusetts Supreme Judicial Court · 1925
- Loyle v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1927
- Byrne v. DunnMassachusetts Supreme Judicial Court · 1936
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