Prondecka v. Turners Falls Power & Electric Co.
Massachusetts Supreme Judicial Court
Two actions of tort, respectively to recover for the conscious suffering and the causing of the death of John Kashinski and Leo Nawrocki.
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Two actions of tort, respectively to recover for the conscious suffering and the causing of the death of John Kashinski and Leo Nawrocki. Writ dated September 22, 1919. The plaintiff in the substituted first count in each action alleged “that, on September 13, 1919, while her intestate was lawfully in the basin of the Connecticut River below the defendant’s dam at Turners Falls in Montague of said County, in the exercise of due care, the defendant, by itself, its agents, servants or employees, in utter disregard of the serious and probable consequences which it or they knew, or .ought .to…
1Opinion of the CourtCrosby, J.
These two actions, to recover for the deaths of John Kashinski and Leo Nawrocki, the plaintiff’s intestates, who were drowned on September 13,1919, were tried together. In each case the first count alleges that while the plaintiff’s intestate in the exercise of due care was in the basin of the Connecticut River below the dam of the defendant, the defendant wantonly and recklessly opened the gates to the dam and allowed the same to remain open and its water to rush down and caused the plaintiff’s intestate to be drowned; the second count alleges negligence of the defendant in suffering the…
2Cases cited4 opinions
- Prondecka v. Turners Falls Power & Electric Co.Massachusetts Supreme Judicial Court · 1921
- Robbins v. Athol Gas & Electric Co.Massachusetts Supreme Judicial Court · 1920
- Hillman v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Kendall v. BolsterMassachusetts Supreme Judicial Court · 1921
3Cited by8 opinions
- Commonwealth v. WelanskyMassachusetts Supreme Judicial Court · 1944
- O'Leary v. FashMassachusetts Supreme Judicial Court · 1923
- Isaacson v. Boston, Worcester & New York Street Railway Co.Massachusetts Supreme Judicial Court · 1932
- Commonwealth v. CallahanMassachusetts Supreme Judicial Court · 1989
- Durgin's CaseMassachusetts Supreme Judicial Court · 1925
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