Fitzgerald v. Worcester & Southbridge Street Railway Co.
Massachusetts Supreme Judicial Court
Tort for damages for the conscious suffering and death of the plaintiff’s intestate, resulting from a collision beween two electric street cars of the defendant, one of which he was operating as motorman, and alleged to have resulted from “ negligence of employees of the defendant who were intrusted with and were exercising superintendence, and whose sole or principal duty was that of superintendence.”
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Tort for damages for the conscious suffering and death of the plaintiff’s intestate, resulting from a collision beween two electric street cars of the defendant, one of which he was operating as motorman, and alleged to have resulted from “ negligence of employees of the defendant who were intrusted with and were exercising superintendence, and whose sole or principal duty was that of superintendence.” Writ in the Superior Court for the county of Worcester dated October 5, 1907. There was a trial before Graskill, J. The material facts are stated in the opinion. In his charge he submitted four…
1Opinion of the CourtLoring, J.
This action was brought to recover damages for the conscious suffering and death of George H. Fitzgerald, who, in August, 1907, was a motorman in the defendant’s employ.
By the defendant’s regular schedule it was Fitzgerald’s duty to run a car each week day, with one Campbell as conductor, from Charlton to Worcester, starting from the car barn in Charlton at 5.45 A. M. On the evening of August 28, Fitzgerald and Campbell received a verbal order from one Kingdon, the defendant’s car despatcher, to run their car as a special car from Charlton to Southbridge and return before starting their…
2Cases cited6 opinions
- Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Darrigan v. New York & New England RailroadSupreme Court of Connecticut · 1885
- Glassey v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Doe v. Boston & Worcester Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Hankins v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Carney v. A. B. Clark Co.Massachusetts Supreme Judicial Court · 1911