Roach v. Hinchcliff
Massachusetts Supreme Judicial Court
Two actions of tort, by the administrator of the estate of Harry Evans, under St. 1907, c. 375, for causing the death of the plaintiff’s intestate who, when walking on the sidewalk of Columbus Avenue in Boston on September 14, 1910, was run into from behind by an automobile belonging to one Brownell, which was being operated by the defendant Hinchcliff, who was the manager of the defendant Winton Motor Carriage Company.
Read the full summary
Two actions of tort, by the administrator of the estate of Harry Evans, under St. 1907, c. 375, for causing the death of the plaintiff’s intestate who, when walking on the sidewalk of Columbus Avenue in Boston on September 14, 1910, was run into from behind by an automobile belonging to one Brownell, which was being operated by the defendant Hinchcliff, who was the manager of the defendant Winton Motor Carriage Company. Writs dated respectively October 17 and 31, 1910. In the Superior Court the cases were tried together before Dubuque, J. The evidence is described in the opinion. At the close…
1Opinion of the CourtDe Courcy, J.
These are two actions of tort under St. 1907, c. 375, to recover for the death of Harry Evans, the plaintiff’s intestate. At the time of the accident Evans was walking on the easterly side of Columbus Avenue beyond Roxbury Crossing, when an automobile driven by the defendant Hinchcliff ran upon the sidewalk behind him and struck him with such force that his death resulted without conscious suffering. That he was in the exercise of due care is not disputed.
1. Considering first the exceptions in the action against the individual defendant, we are of opinion that the issue of his negligence was…
2Cases cited1 opinion
- Commonwealth v. AdamsMassachusetts Supreme Judicial Court · 1904
3Cited by7 opinions
- Loftus v. PelletierMassachusetts Supreme Judicial Court · 1916
- Tornroos v. R. H. White Co.Massachusetts Supreme Judicial Court · 1915
- O'Rourke v. A-G Co.Massachusetts Supreme Judicial Court · 1919
- Sweetnam v. SnowMichigan Supreme Court · 1915
- Karger v. Armour & Co.District Court, D. Massachusetts · 1936
2 more not listed; retrieve them via the Exa API.