Moran v. Hollings
Massachusetts Supreme Judicial Court
Two actions of tort. The first was brought by the plaintiff as administratrix, for personal injuries occasioned to her intestate, John J. Carey, a boy sixteen years old, while in the employ of the defendants. The second was brought by the plaintiff as surviving parent of the deceased, for the loss of services arising from the same accident.
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Two actions of tort. The first was brought by the plaintiff as administratrix, for personal injuries occasioned to her intestate, John J. Carey, a boy sixteen years old, while in the employ of the defendants. The second was brought by the plaintiff as surviving parent of the deceased, for the loss of services arising from the same accident. At the trial in the Superior Court, before Dewey, J., the plaintiff offered to show that, by reason of the negligence of the defendants, Carey fell a distance of forty feet, through four hatchways, and was instantly killed by striking on the lower floor of…
1Opinion of the Court
By the Court.
The plaintiff cannot, either as her son’s administratrix or as his surviving parent, maintain an action for his death, and there was no proof of injuries during his lifetime for which damages could be recovered. Carey v. Berkshire Railroad, 1 Cush. 475. Kearney v. Boston & Worcester Railroad, 9 Cush. 108. Kennedy v. Standard Sugar Refinery, ante, 90.
Exceptions overruled.
2Cited by13 opinions
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- The CorsairSupreme Court of the United States · 1892
- Dillon v. Great Northern Railway Co.Montana Supreme Court · 1909
- Corcoran v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1882
- St. Louis, Iron Mountain & Southern Railway Co. v. DawsonSupreme Court of Arkansas · 1900
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