Haynes v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Two actions OE tort, by the executrix of the estate of George G. Haynes, respectively at common law and under R. L. c. Ill, § 267, for the conscious suffering and death of the plaintiff’s intestate alleged to have been caused by the negligence of the defendant and the gross negligence of its servants, by reason of which the plaintiff’s intestate was run down by an inward bound electric street car of the defendant on Beacon Street in Somerville, while he was crossing a track…
Read the full summary
Two actions OE tort, by the executrix of the estate of George G. Haynes, respectively at common law and under R. L. c. Ill, § 267, for the conscious suffering and death of the plaintiff’s intestate alleged to have been caused by the negligence of the defendant and the gross negligence of its servants, by reason of which the plaintiff’s intestate was run down by an inward bound electric street car of the defendant on Beacon Street in Somerville, while he was crossing a track of the defendant on the afternoon of May 18,1905. Writs dated January 22 and January 11, 1906. In the Superior Court the…
1Opinion of the CourtRdgg, J.
These are two actions of tort, in one of which damages are sought for the conscious suffering of George G. Haynes, and in the other for his death under R. L. c. Ill, § 267. In both actions the plaintiff is bound to show that the intestate was in the exercise of due care.
The accident occurred between half past four and five o’clock in the afternoon of May 18, 1905, on Beacon Street in Somerville, on the surface of which were two tracks for trolley cars. The weather was fair. The plaintiff’s intestate had been a passenger upon an outbound car from which he alighted while it was in slow motion,…
2Cases cited7 opinions
- Fitzgerald v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Stackpole v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Casey v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Madden v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Beirne v. Lawrence & Methuen Street Railway Co.Massachusetts Supreme Judicial Court · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Gibb v. HardwickMassachusetts Supreme Judicial Court · 1922
- Clay v. Pope & Cottle Co.Massachusetts Supreme Judicial Court · 1930
- Kennedy v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1911
- O'Brien v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Carney v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
10 more not listed; retrieve them via the Exa API.