d'Almeida v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Two actions OP tort by the administrator of the estate of Joao de Gouvea. The first action sought recovery under St. 1906, c. 463, Part I. § 63, as amended by St. 1907, c. 392, for the death of the plaintiff’s intestate, an employee of the defendant in the second action, who was killed on October 21, 1909, on Amory Street in Lowell by the overturning of a coal dump car belonging to the defendant railroad company.
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Two actions OP tort by the administrator of the estate of Joao de Gouvea. The first action sought recovery under St. 1906, c. 463, Part I. § 63, as amended by St. 1907, c. 392, for the death of the plaintiff’s intestate, an employee of the defendant in the second action, who was killed on October 21, 1909, on Amory Street in Lowell by the overturning of a coal dump car belonging to the defendant railroad company. The second action was in three counts, the first count for death and conscious suffering of the plaintiff’s intestate, alleged to have been caused by a defect in the ways, works or…
1Opinion of the CourtBraley, J.
The plaintiff’s intestate while working for the mills as a brakeman in the management of a dump car loaded with coal, suffered injuries by the sudden and premature overturning of the car when in transit, from which after a short period of conscious suffering he died. It is conceded, that the car was defective and unsafe, and the questions are, whether there was evidence of negligence on the part of the respective defendants, or of the intestate’s due care.
We first consider the exceptions of the mills. The railroad owned the car, which with other cars filled with coal consigned to the mills,…
2Cases cited21 opinions
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- Boston Woven Hose & Rubber Co. v. KendallMassachusetts Supreme Judicial Court · 1901
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- Sargent v. Inhabitants of MerrimacMassachusetts Supreme Judicial Court · 1907
16 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Boott Mills v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- Corbett v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- Leahy v. Standard Oil Co.Massachusetts Supreme Judicial Court · 1916
- Brown v. ThayerMassachusetts Supreme Judicial Court · 1912
- Porter v. SorellMassachusetts Supreme Judicial Court · 1932
29 more not listed; retrieve them via the Exa API.