Legal Opinion

Raymond v. New York, New Haven, & Hartford Railroad

Massachusetts Supreme Judicial Court

Decided November 26, 1902PublishedCited by 8 opinions

Tort for the death and conscious suffering of the plaintiff’s intestate alleged to have been caused by the negligence of the defendant. Writ dated February 3, 1900. At the trial in the Superior Court before Graskill, J., the jury returned a verdict for the plaintiff on the fifth count of the declaration, for conscious suffering of the intestate, in the sum of $500, and on the sixth count, for the death, in the sum of $1,200, and found for the defendant on the other counts.

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Tort for the death and conscious suffering of the plaintiff’s intestate alleged to have been caused by the negligence of the defendant. Writ dated February 3, 1900. At the trial in the Superior Court before Graskill, J., the jury returned a verdict for the plaintiff on the fifth count of the declaration, for conscious suffering of the intestate, in the sum of $500, and on the sixth count, for the death, in the sum of $1,200, and found for the defendant on the other counts. The defendant alleged exceptions.

1Opinion of the CourtLathrop, J.

This is an action of tort by the administrator of the estate of Louise Raymond. The declaration as amended contains six counts. The first four are under the Pub. Sts. c. 112, §§ 212, 213, for failure to give the statutory signals, and for maintaining an incompetent flagman at the place where the accident happened. The jury returned a verdict for the defendant on these counts; and as the case is before us only on the defendant’s exceptions, we are not called upon to consider the questions which have been argued on these counts.

The fifth count is brought to recover for the conscious suffering…

2Cases cited4 opinions

  1. Ellis v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1897
  2. Tyler v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892
  3. Winslow v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1896
  4. Cole v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1899

3Cited by8 opinions

  1. Slattery v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1909
  2. Fenno v. GayMassachusetts Supreme Judicial Court · 1888
  3. Allen v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1908
  4. White v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1909
  5. Allen v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1923

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