Daniels v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Two actions oe tort, under Pub. Sts. c. 112, § 213, the first by Mancy M. Daniels for injuries to his person and property, and the second by Mary E. Daniels, executrix under the will of Mancy, for his death, from a collision with an engine and cars of the defendant at a grade crossing of the defendant’s railroad in the town of Franklin, called Stoekbridge Crossing, across which Daniels was driving in a covered milk wagon.
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Two actions oe tort, under Pub. Sts. c. 112, § 213, the first by Mancy M. Daniels for injuries to his person and property, and the second by Mary E. Daniels, executrix under the will of Mancy, for his death, from a collision with an engine and cars of the defendant at a grade crossing of the defendant’s railroad in the town of Franklin, called Stoekbridge Crossing, across which Daniels was driving in a covered milk wagon. Writs dated respectively September 15, 1899, and May 7, 1900. At the trial in the Superior Court before Bishop, J., it appeared, that the accident occurred on August 12,…
1Opinion of the CourtKnowlton, C. J.
These actions are brought, one by Mancy M. Daniels and the other by his executrix, the first to recover damages suffered in his lifetime, and the second to recover for his death resulting from a collision with an engine and train at a crossing of a highway on the defendant’s railroad. The negligence of the defendant, which is chiefly relied on, is the failure to give the cautionary signals required by the statute to be given at crossings of highways.
The defendant on its bill of exceptions, has argued only two questions: first, whether there was evidence which would warrant a finding that the…
2Cases cited7 opinions
- Scheffer v. Railroad Co.Supreme Court of the United States · 1882
- Life Insurance v. TerrySupreme Court of the United States · 1873
- Manhattan Life Insurance v. BroughtonSupreme Court of the United States · 1883
- Menard v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
- Johanson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
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3Cited by90 opinions
- Sponatski's CaseMassachusetts Supreme Judicial Court · 1915
- Runyon v. ReidSupreme Court of Oklahoma · 1973
- Burns's CaseMassachusetts Supreme Judicial Court · 1914
- Tate v. CanonicaCalifornia Court of Appeal · 1960
- Bohaker v. Travelers InsuranceMassachusetts Supreme Judicial Court · 1913
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