Legal Opinion

Edgarton v. H. P. Welch Co.

Massachusetts Supreme Judicial Court

Decided September 11, 1947PublishedCited by 44 opinions

1Opinion of the CourtSpalding, J.

These are two actions of tort, brought by the administrator of the estate of Henry R. Edgarton, to recover for the death and conscious suffering of his intestate alleged to have been caused by the negligence of the defendants.1 In each case the judge, subject to the plaintiff’s exceptions, directed verdicts for the defendant. The questions for decision are whether the judge should have submitted the cases to the jury, and whether he erred in excluding certain evidence offered by the plaintiff.

Facts which could have been found are these: At about 5 a.m. on August 22, 1942, the plaintiff’s…

2Cases cited35 opinions

  1. Linnehan v. SampsonMassachusetts Supreme Judicial Court · 1879
  2. United Electric Light Co. v. Deliso Construction Co.Massachusetts Supreme Judicial Court · 1943
  3. Robitaille v. Netoco Community Theatre of North Attleboro, Inc.Massachusetts Supreme Judicial Court · 1940
  4. McCormick v. Great Western Power Co.California Supreme Court · 1932
  5. Brown v. ThayerMassachusetts Supreme Judicial Court · 1912

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3Cited by44 opinions

  1. Pridgen v. Boston Housing AuthorityMassachusetts Supreme Judicial Court · 1974
  2. Stewart v. Roy Bros. Inc.Massachusetts Supreme Judicial Court · 1970
  3. Whalen v. ShivekMassachusetts Supreme Judicial Court · 1950
  4. Hecht Co., Inc. v. JacobsenCourt of Appeals for the D.C. Circuit · 1950
  5. Gelinas v. New England Power Co.Massachusetts Supreme Judicial Court · 1971

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