Beale v. Old Colony Street Railway Co.
Massachusetts Supreme Judicial Court
Tort by an administrator under R. L. c. 171, § 2, or R. L. c. Ill, § 267, for causing the death of the plaintiff’s intestate as stated in the opinion by the alleged gross negligence of the defendant’s agents or servants. Writ dated July 26, 1904. In the Superior Court the case was tried before Oroshy, J., who ordered a verdict for the defendant. The plaintiff alleged exceptions. The following is a reduced copy of a plan used at the trial. The case was submitted on briefs.
1Opinion of the CourtRugg, J.
This is an action of tort to recover for the death of the plaintiff’s intestate, Earl R. Beale. It is unnecessary to determine whether it is brought under R. L. c. 171, § 2, or under R. L. c. Ill, § 267. The plaintiff’s intestate, on August 27, 1904, was a child seven years and six weeks old, above the average intelligence, and was struck and killed by a car of the defendant on Washington Street in Quincy. The tracks of the defendant at the place of the death were on the westerly side of the street and the westerly rail thereof was distant from the nearest edge of the sidewalk about two or…
2Cases cited23 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Hayes v. NorcrossMassachusetts Supreme Judicial Court · 1895
- Sullivan v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906
- Messenger v. DennieMassachusetts Supreme Judicial Court · 1884
- Evensen v. Lexington & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1904
18 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Brooks v. Fitchburg & Leominster Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- McDonough v. VozzelaMassachusetts Supreme Judicial Court · 1924
- Pawloski v. HessMassachusetts Supreme Judicial Court · 1925
- Johnston v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1916
- Woods v. DeMontMassachusetts Supreme Judicial Court · 1948
19 more not listed; retrieve them via the Exa API.