Jewett v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort by the administratrix de bonis non of the estate of Mary S. Swank, late of Boston, with a declaration in two counts, the first count for causing the death of the plaintiff’s intestate by injuries sustained by her on August 25, 1911, when she was a passenger in a street railway car of the defendant on South Street in the part of Boston called Jamaica Plain, by reason of a collision of the car with a heavy dray or truck in consequence of which the intestate died on August…
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Tort by the administratrix de bonis non of the estate of Mary S. Swank, late of Boston, with a declaration in two counts, the first count for causing the death of the plaintiff’s intestate by injuries sustained by her on August 25, 1911, when she was a passenger in a street railway car of the defendant on South Street in the part of Boston called Jamaica Plain, by reason of a collision of the car with a heavy dray or truck in consequence of which the intestate died on August 27, 1911, and the second count for the conscious suffering of the intestate by reason of the same injuries. Writ dated…
1Opinion of the CourtSheldon, J.
1. The first question raised is whether the medical examiner’s report of his autopsy, filed in court under the provisions of R. L. c. 24, § 10, and St. 1909, c. 273, § 1, was competent evidence to show the cause of the death of the plaintiff’s intestate. If we assume that this report was a public document and became by its filing in court a public record, we are yet of opinion that it rightly was excluded. Its statements as to the conclusions reached and as to the cause of the death were not statements of facts within the medical examiner’s own observation, but of matters of opinion reached…
2Cases cited21 opinions
- Evanston v. GunnSupreme Court of the United States · 1879
- Commonwealth v. SinclairMassachusetts Supreme Judicial Court · 1907
- Grand Lodge Independent Order of Mutual Aid v. WietingIllinois Supreme Court · 1897
- United States Life Insurance v. VockeIllinois Supreme Court · 1889
- Commonwealth v. BoraskyMassachusetts Supreme Judicial Court · 1913
16 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Commonwealth v. SlavskiMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. NardiMassachusetts Supreme Judicial Court · 2008
- New England Box Co. v. C & R Construction Co.Massachusetts Supreme Judicial Court · 1943
- Bendett v. BendettMassachusetts Supreme Judicial Court · 1943
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
18 more not listed; retrieve them via the Exa API.