Legal Opinion
Ferris v. Ray Taxi Service Co.
Massachusetts Supreme Judicial Court
Decided May 18, 1927PublishedCited by 18 opinions
1Opinion of the CourtCarroll, J.
In this action of tort by the administratrix of the estate of James Ferris the plaintiff recovered a verdict under the first count for conscious suffering and under the second count for the death of the intestate.
1. The first contention of the defendant is that the judge erred in instructing the jury on the question of the due care of the plaintiff’s intestate. The jury were told in effect that when the trial opened the deceased was presumed to be in the exercise of due care, but when “the evidence is put in, then the presumption disappears and you will judge then as to whether or not he [the…
2Cases cited14 opinions
- Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Ayers v. RatsheskyMassachusetts Supreme Judicial Court · 1913
- Hubbard v. AllynMassachusetts Supreme Judicial Court · 1908
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Cummings v. National Shawmut Bank of BostonMassachusetts Supreme Judicial Court · 1933
- Barnes v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1932
- Solomon v. DabrowskiMassachusetts Supreme Judicial Court · 1936
- Bendett v. BendettMassachusetts Supreme Judicial Court · 1943
- Kelley v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1932
13 more not listed; retrieve them via the Exa API.