Gaffney v. Bay State Street Railway Co.
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Frank H. Gaffney, late of Whitman, under St. 1906, c. 463, Part I, § 63, as amended by St. 1907, c. 392, § 1, to recover for the benefit of the minor children of the intestate, who were his next of kin, the penalty imposed by that statute for negligently causing the death of the intestate on October 25,1913, when he was in the exercise of due care and was not a passenger or in the employ of the defendant.
Read the full summary
Tort by the administrator of the estate of Frank H. Gaffney, late of Whitman, under St. 1906, c. 463, Part I, § 63, as amended by St. 1907, c. 392, § 1, to recover for the benefit of the minor children of the intestate, who were his next of kin, the penalty imposed by that statute for negligently causing the death of the intestate on October 25,1913, when he was in the exercise of due care and was not a passenger or in the employ of the defendant. Writ dated December 8, 1913. In the Superior Court the case was tried before Morion, J. The facts which could have been found in favor of the…
1Opinion of the CourtLoring, J.
The jury were warranted in finding the following to
be the facts in the case. The plaintiff’s intestate was returning from work (on the invitation of one Poole) in a tip cart belonging to Poole. Poole, one Keating and the intestate were seated on the tail board laid across the cart as a temporary seat, in the order named, Poole being seated on the nigh side. One McCraith was standing behind the intestate with his hand upon his shoulder. The accident happened some thirty-five minutes after the sun had set, rain was falling, and it was foggy at the time. Poole, the owner of the cart, had driven…
2Cases cited2 opinions
- Bothwell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
3Cited by6 opinions
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Springgate v. School Committee of MattapoisettMassachusetts Appeals Court · 1981
- Salisbury v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1921
- Hayes v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1916
- Kallio v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1915
1 more not listed; retrieve them via the Exa API.