Hale v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, by the administrator of the estate of Nicademas Arenues, an employee of the receivers of the Quincy Granite Quarries Company, with a count at common law for conscious suffering of the plaintiff’s intestate, and two counts under R. L. c.
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Tort, by the administrator of the estate of Nicademas Arenues, an employee of the receivers of the Quincy Granite Quarries Company, with a count at common law for conscious suffering of the plaintiff’s intestate, and two counts under R. L. c. Ill, § 267, for causing the death of- the plaintiff’s intestate, not a passenger or in the employ of the defendant, by reason of the negligence of the defendant or the gross negligence of its servants or agents while engaged in its business. Writ dated September 2, 1904. Afc the trial in the Superior Court Lawton, J. at the close of the plaintiff’s…
1Opinion of the CourtKnowlton, C. J.
The plaintiff’s intestate, while engaged with others in loading a heavy block of granite upon a freight car standing on a steep grade in a quarry, was fatally injured by the starting of the car and its running down the grade, thus causing the block to fall upon him and crush him. The evidence tends to show that the brake of the car was badly worn and out of repair, so that the brake shoe was off the wheel directly under the heavy stone, and was useless as a means of keeping the car in its place. Apparently this was the direct and proximate cause of the accident. If there was negligence of…
2Cases cited4 opinions
- Evensen v. Lexington & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Lutolf v. United Electric Light Co.Massachusetts Supreme Judicial Court · 1903
- Hartford v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
- Young v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
3Cited by11 opinions
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- d'Almeida v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
- Ladd v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1907
- Flaherty v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1958
- Ruddy v. George F. Blake Manufacturing Co.Massachusetts Supreme Judicial Court · 1910
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