Legal Opinion
Berry v. Newton & Boston Street Railway Co.
Massachusetts Supreme Judicial Court
Decided May 18, 1911PublishedCited by 16 opinions
1Opinion of the CourtBraley, J.
The plaintiff sues in' the first action to recover damages at common law for the conscious suffering, and in the second action under R. L. c. 111, § 267, now St. 1906, c. 463, Part I. § 63, as amended by St. 1907, c. 392, c. 428, § 4, for the death of her intestate. But no evidence was introduced at the trial, as the judge* on the opening for the plaintiff ordered verdicts to be returned for the defendant.
If the proof might have failed to support the actions, our decision must go upon the ground that the plaintiff’s evidence would have corresponded with the statements on which the right of…
2Cases cited20 opinions
- Hennessey v. TaylorMassachusetts Supreme Judicial Court · 1905
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- Robbins v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- Maguire v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1888
15 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Douglas v. WhittakerMassachusetts Supreme Judicial Court · 1949
- Energy Electric Co. v. General Electric Co.Massachusetts Supreme Judicial Court · 1928
- Salisbury v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1921
- Foster v. CurtisMassachusetts Supreme Judicial Court · 1912
- Murphy v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1913
11 more not listed; retrieve them via the Exa API.