Cole v. Bay State Street Railway Co.
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Annie J. Chase for expenses incurred for medicine, nursing, care, medical and surgical attendance rendered necessary by reason of injuries received by the plaintiff’s intestate while a passenger upon a street railway car of the defendant.
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Tort by the administrator of the estate of Annie J. Chase for expenses incurred for medicine, nursing, care, medical and surgical attendance rendered necessary by reason of injuries received by the plaintiff’s intestate while a passenger upon a street railway car of the defendant. Writ dated November 11, 1914. The action was tried, together with an action by the same plaintiff for the death and conscious suffering of the intestate, before Irwin, J. In the other action the jury found for the plaintiff in the sum of $7,000 for the death and $150 for conscious suffering. In the present action…
1Opinion of the Court
By the Court.
The medical, hospital and other similar expenses incurred by the plaintiff’s intestate were a part of the damages arising from her personal injury and could have been recovered in that action. Turner v. Boston & Maine Railroad, 158 Mass. 261, 266, 267. They cannot be made the subject of a separate action. Sullivan v. Baxter, 150 Mass. 261. Bliss v. New York Central & Hudson River Railroad, 160 Mass. 447, 455.
Judgment for the defendant.
2Cases cited3 opinions
- Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
- Turner v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
- Sullivan v. BaxterMassachusetts Supreme Judicial Court · 1889
3Cited by11 opinions
- Chelsea Moving & Trucking Co. v. Ross Towboat Co.Massachusetts Supreme Judicial Court · 1932
- Lawrence v. O'NeillMassachusetts Supreme Judicial Court · 1944
- Cassidy v. ConstantineMassachusetts Supreme Judicial Court · 1929
- Canning v. ShippeeMassachusetts Supreme Judicial Court · 1923
- Browne v. MoranMassachusetts Supreme Judicial Court · 1938
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