Legal Opinion

Commonwealth v. Boston & Albany Railroad

Massachusetts Supreme Judicial Court

Decided September 6, 1876PublishedCited by 15 opinions

Indictment under the Gen. Sts. c. 63, § 98, to recover for the use of the next of kin of James T. Keogh, a fine, by reason of the loss of his life from being run over on June 18,1874, by a locomotive engine and train of cars of the defendant, at a grade crossing in Boston. The indictment alleged that Keogh was not a passenger nor an employee of the corporation, that he left no widow nor children, but left as his next of kin a father, mother, brothers and sisters.

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Indictment under the Gen. Sts. c. 63, § 98, to recover for the use of the next of kin of James T. Keogh, a fine, by reason of the loss of his life from being run over on June 18,1874, by a locomotive engine and train of cars of the defendant, at a grade crossing in Boston. The indictment alleged that Keogh was not a passenger nor an employee of the corporation, that he left no widow nor children, but left as his next of kin a father, mother, brothers and sisters. The defendant demurred to the indictment, on the ground that it did not allege that the deceased left any widow or children, but…

1Opinion of the CourtDevens, J.

When by reason of the negligence or carelessness of a railroad corporation, “ or of the unfitness or gross negligence or carelessness of its servants or agents,” the life of a passenger is lost, the Gen. Sts. e. 63, § 97, impose a fine upon the corporation, to be recovered by indictment “ for the use of the widow and children of the deceased in equal moieties, but if there are no children, to the use of the widow, or if no widow, to the use of the next of kin.” The 98th section of the same chapter provides for the loss of life of a person not a passenger, occasioned by reason of the…

2Cited by15 opinions

  1. Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
  2. Boott Mills v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
  3. Commonwealth v. PentzMassachusetts Supreme Judicial Court · 1924
  4. Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
  5. Perham v. Portland Electric Co.Oregon Supreme Court · 1898

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