Legal Opinion
Desmond v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Decided January 4, 1946PublishedCited by 26 opinions
1Opinion of the CourtQua, J.
This is an action for conscious suffering and *14death of the plaintiff’s intestate on Decémber 11, 1942, as a result of being struck by a car of the defendant on property of the defendant under its control at its Sullivan Square terminal in Boston.
The trial was had upon a declaration which alleged only wilful, wanton and reckless conduct on the part of the defendant and did not allege simple negligence. Under our practice these claims are distinct in kind and not merely in degree, and one does not include the other. Miller v. United States Fidelity & Guaranty Co. 291 Mass. 445, 447.…
2Cases cited17 opinions
- Commonwealth v. WelanskyMassachusetts Supreme Judicial Court · 1944
- Bartley v. PhillipsMassachusetts Supreme Judicial Court · 1944
- Long v. GeorgeMassachusetts Supreme Judicial Court · 1937
- Miller v. United States Fidelity & Guaranty Co.Massachusetts Supreme Judicial Court · 1935
- Capano v. MelchionnoMassachusetts Supreme Judicial Court · 1937
12 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Kowalski v. GagneCourt of Appeals for the First Circuit · 1990
- Manning v. NobileMassachusetts Supreme Judicial Court · 1991
- Commonwealth v. FioreMassachusetts Supreme Judicial Court · 1974
- Boyd v. National Railroad Passenger Corp.Massachusetts Supreme Judicial Court · 2006
- Saldi v. Brighton Stock Yard Co.Massachusetts Supreme Judicial Court · 1962
21 more not listed; retrieve them via the Exa API.