Pearlstein v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Three actions of tort, the first action at common law by the administratrix of the estate of Max Pearlstein, the owner of a tip cart and two horses, for injuries and conscious suffering of the plaintiff’s intestate caused by a heavy iron machine falling upon him while it was being unloaded from his cart in an attempt to place it in a freight car of the defendant, alleged to have been due to the negligence of the defendant in not supplying suitable appliances for shipping the…
Read the full summary
Three actions of tort, the first action at common law by the administratrix of the estate of Max Pearlstein, the owner of a tip cart and two horses, for injuries and conscious suffering of the plaintiff’s intestate caused by a heavy iron machine falling upon him while it was being unloaded from his cart in an attempt to place it in a freight car of the defendant, alleged to have been due to the negligence of the defendant in not supplying suitable appliances for shipping the machine and to the negligence of the defendant’s servants and agents while engaged in such shipping, the second action…
1Opinion of the CourtKnowlton, C. J.
These actions were brought to recover damages caused by the falling of a heavy iron machine while it was being moved from the rear end of a two horse cart into a freight car at the defendant’s railroad station. The intestate of the plaintiff in the first two actions' survived less than an hour after the accident, and died from the effects of it. The plaintiff in the third action was injured, but not very seriously. There was much contradiction between the testimony of the plaintiff Yelkin and that of most of the other witnesses in regard to some of the circumstances preceding and attending…
2Cases cited1 opinion
- Brennan v. Standard Oil Co. of New YorkMassachusetts Supreme Judicial Court · 1905
3Cited by4 opinions
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- Ingraham v. Boston & Norther Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- Devine v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1910
- Pearlstein v. New York, New Haven, & Hartford Railroad Co.Massachusetts Supreme Judicial Court · 1908