State v. Maine Central Railroad
Supreme Judicial Court of Maine
Indictment alleging that the Maine Central Railroad Company, a corporation duly and legally established in this State, in said county of Kennebec, on the 27th day of June, a. d. 1871, at Earrningdale, in said county, over, upon, and along a certain railroad called the Portland & Kennebec Railroad, managed, operated, and controlled by said Maine Central Railroad Company, running and extending from Augusta, in said county, to Portland, in the county of Cumberland, did, by…
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Indictment alleging that the Maine Central Railroad Company, a corporation duly and legally established in this State, in said county of Kennebec, on the 27th day of June, a. d. 1871, at Earrningdale, in said county, over, upon, and along a certain railroad called the Portland & Kennebec Railroad, managed, operated, and controlled by said Maine Central Railroad Company, running and extending from Augusta, in said county, to Portland, in the county of Cumberland, did, by their agents and servants, run, conduct, and drive a certain locomotive steam-engine and train of cars attached, and by…
1Opinion of the CourtWalton, J.
The statutes of this State declare, in effect, that, when the life of a person is lost though the carelessness of a railroad corporation, or its servants, compensation shall be made to the heirs of the deceased, to be recovered by indictment. R. S., c. 51, §86.
1. One question presented is, whether the remedy by indictment is not limited to cases where the person injured dies immediately. We think it is. If he does not die immediately a right of action accrues to him, which will survive to his personal representatives, and no other remedy is needed. R. S., c. 87, § 8. But if he does die…
2Cases cited2 opinions
- Commonwealth v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1871
- Ward v. CrottyCourt of Appeals of Kentucky · 1862
3Cited by4 opinions
- Sweetland v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1898
- Kansas Pacific Railway Co. v. MillerSupreme Court of Colorado · 1874
- Atchison, Topeka & Santa Fe R. R. v. FarrowSupreme Court of Colorado · 1883
- Sweetland v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1898