Hyams v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two actions oe tort, by the administratrix of the estate of Joseph Hyams, the first under St. 1906, c. 463, Part I, § 63, for causing the death of the plaintiff’s intestate on December 19,1906, in the manner described in the opinion, and the second at common law for his conscious suffering.
Read the full summary
Two actions oe tort, by the administratrix of the estate of Joseph Hyams, the first under St. 1906, c. 463, Part I, § 63, for causing the death of the plaintiff’s intestate on December 19,1906, in the manner described in the opinion, and the second at common law for his conscious suffering. Writs dated July 20, 1907. In the Superior Court the cases were tried together before Jenney, J., who at the close of the evidence ordered a verdict for the defendant in each of the cases. The plaintiff alleged exceptions.
1Opinion of the CourtCrosby, J.
These are two actions of tort. The first is under St. 1906, c. 463, Part I, § 63, to recover for the death of the plaintiff’s intestate, and the second at common law for conscious suffering.
*561At the defendant’s elevated station at Dudley Street is what is called the upper level, with two loops for surface cars, known as the “East Loop” and the “West Loop.” Surface cars reach these loops by two inclines. The westerly incline, which is the one involved in this case, extends from at or near the line of Dudley Street, northerly to the westerly platform of the station, and is one hundred and sixteen…
2Cases cited10 opinions
- Bjornquist v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1904
- Murphy v. Boston and Albany RailroadMassachusetts Supreme Judicial Court · 1882
- Hillman v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Bowler v. MillsMassachusetts Supreme Judicial Court · 1909
- Yancey v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Youngerman v. New York, New Haven, & Hartford Railroad Co.Massachusetts Supreme Judicial Court · 1916
- Poppel v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1927
- Rhoades v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1919
- Papandrianos v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1923
- Threlkeld v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1925