Pearlstein v. New York, New Haven, & Hartford Railroad Co.
Massachusetts Supreme Judicial Court
Tort under R. L. c. Ill, § 267, to recover for the death of the plaintiff’s intestate alleged to have been caused by gross negligence on the part of a servant of the defendant. Writ in the Superior Court for the county of Barnstable dated March 8, 1905. There had been a previous trial of the case at which the jury-returned a verdict for the plaintiff.
Read the full summary
Tort under R. L. c. Ill, § 267, to recover for the death of the plaintiff’s intestate alleged to have been caused by gross negligence on the part of a servant of the defendant. Writ in the Superior Court for the county of Barnstable dated March 8, 1905. There had been a previous trial of the case at which the jury-returned a verdict for the plaintiff. Exceptions taken by the defendant at that trial were sustained by this court in a decision reported in 192 Mass. 20. According to the bill of exceptions before this court at that time, the witness Yelkin, mentioned in the opinion, had testified…
1Opinion of the CourtKnowlton, C. J.
This case has once before been considered by this court, and it was reported in 192 Mass. 20. The only question now presented which is not covered by the former decision is whether there was evidence to warrant a finding that Cook, one of the defendant’s servants, was grossly negligent, and that his negligence caused the accident. Upon the evidence at the first trial it was held that the testimony would warrant a finding that he was negligent, but not a finding that he was grossly negligent. There was much conflict of evidence, and the plaintiff’s- case on this point rests almost entirely…
2Cases cited4 opinions
- Gordon v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1900
- Evensen v. Lexington & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Hartford v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
- Pearlstein v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
3Cited by2 opinions
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- Mitchell v. BazilleSupreme Court of Minnesota · 1944