Holland v. Lynn & Boston Railroad
Massachusetts Supreme Judicial Court
Tort, by the administrator of the estate of Julia Holland, for the benefit and use of the next of kin of the said Julia.
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Tort, by the administrator of the estate of Julia Holland, for the benefit and use of the next of kin of the said Julia. The declaration was as follows: “ The plaintiff says that the defendant is a common carrier of passengers in the cities of Boston and Chelsea, by means of street-railway cars drawn on the defendant’s railway by horses; that the plaintiff’s intestate, on or about the thirty-first day of August, 1885, at the request of the defendant, took a seat in one of the cars of the defendant, to be conveyed, for a reasonable sum to the defendant, on said railroad, in said Boston and…
1Opinion of the CourtMorton, C. J.
The question presented in this case is whether, prior to the St. of 1886, c. 140,* a street railway company was liable to an action of tort, if, by reason of its negligence, the life of a passenger was lost. That statute was passed after the injury complained of in this case, and therefore has no application to the case. Kelley v. Boston & Maine Railroad, 135 Mass. 448.
The Public Statutes provide that, “if by reason of the negligence or carelessness of a corporation operating a railroad or street railway, or of the unfitness or gross negligence or carelessness of its servants or agents while…
2Cases cited1 opinion
- Kelley v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1883
3Cited by8 opinions
- Hanscom v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1914
- Brooks v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Boston & M. R. R. v. HurdCourt of Appeals for the First Circuit · 1901
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
- Wiemert v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
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