Nager v. Reid
Massachusetts Supreme Judicial Court
Tort for negligently causing conscious suffering and the death of Irving Nager, who was run over by a motor truck operated by an employee of the defendant on Anawan Street in Fall River. Writ dated June 17, 1919. In the Superior Court, the action was tried before Dubuque, J. Material evidence is described in the opinion.
Read the full summary
Tort for negligently causing conscious suffering and the death of Irving Nager, who was run over by a motor truck operated by an employee of the defendant on Anawan Street in Fall River. Writ dated June 17, 1919. In the Superior Court, the action was tried before Dubuque, J. Material evidence is described in the opinion. At the close of the evidence, the judge upon motion of the defendant ordered a verdict for the defendant and reported the case for determination by this court, judgment to be entered for the plaintiff in the sum of $3,000, if the plaintiff was entitled to go to the jury;…
1Opinion of the CourtJenney, J.
The plaintiff’s intestate, a boy about four years and ten months old, hereinafter called the plaintiff, received fatal injuries from a motor truck operated by an employee of the defendant in the course of his employment. He died without conscious suffering.
It is not necessary to consider the. question argued as to the due care of the plaintiff or that of his parent. See as to this Sullivan v. Chadwick, 236 Mass. 130.
The facts are considered in the aspect most favorable to the plaintiff. The accident occurred in the forenoon of a pleasant day in Fall River, on Anawan Street, a much travelled…
2Cases cited5 opinions
- Sullivan v. ChadwickMassachusetts Supreme Judicial Court · 1920
- Williamson v. Cambridge RailroadMassachusetts Supreme Judicial Court · 1887
- Jabbour v. Central Construction Co.Massachusetts Supreme Judicial Court · 1921
- Richstain v. Washington Mills Co.Massachusetts Supreme Judicial Court · 1893
- Gillet v. ShawMassachusetts Supreme Judicial Court · 1914
3Cited by36 opinions
- Baker v. DavisMassachusetts Supreme Judicial Court · 1938
- McDonough v. VozzelaMassachusetts Supreme Judicial Court · 1924
- Commonwealth v. SheaMassachusetts Supreme Judicial Court · 1949
- Rankin v. Brockton Public Market, Inc.Massachusetts Supreme Judicial Court · 1926
- Whalen v. MutrieMassachusetts Supreme Judicial Court · 1924
31 more not listed; retrieve them via the Exa API.