State v. Grand Trunk Railway
Supreme Judicial Court of Maine
Indictment against defendant corporation for causing the death of one David P. Pullen. The only essential fact is stated in the opinion. A verdict had been rendered against the company and a motion for new trial filed.
1Opinion of the CourtWaltoN, J.
When one is injured through the carelessness of a railroad corporation, but the injury is not such as to produce immediate death, a right of action accrues to such person, which in case of his subsequent death, survives to his personal representatives ; and in such a case, an indictment will not lie. State v. Maine Central Railroad Company, 60 Maine, 490.
In this case the evidence shows clearly and beyond a reasonaable doubt, that Pullen, the person injured, did not die immediately. He not only survived several hours, but during most of the time was conscious, and able to converse…
2Cited by1 opinion
- Sweetland v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1898