Doe v. Boston & Worcester Street Railway Co.
Massachusetts Supreme Judicial Court
Tort by the administratrix of- the estate of Edward V. Doe under R. L. e. 106, § 71, cl. 2, § 72, for injuries resulting in the death after conscious suffering of the plaintiff’s intestate while a motorman in the employ of the defendant, caused by the collision of the car operated by the plaintiff’s intestate with another car of the defendant due to the alleged negligence of a person in the service of the defendant entrusted with and exercising superintendence.
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Tort by the administratrix of- the estate of Edward V. Doe under R. L. e. 106, § 71, cl. 2, § 72, for injuries resulting in the death after conscious suffering of the plaintiff’s intestate while a motorman in the employ of the defendant, caused by the collision of the car operated by the plaintiff’s intestate with another car of the defendant due to the alleged negligence of a person in the service of the defendant entrusted with and exercising superintendence. Writ dated January 10, 1905. In the Superior Court the case was tried before Lawtón, J., who refused to order a verdict for the…
1Opinion of the CourtBraley, J.
Of the various exceptions taken by the defendant to refusals to rule as requested, and to the instructions given, only two have been argued, and the' others must be considered as waived. Its first contention is, that the plaintiff’s intestate was not in the exercise of due care. The decedent was a motorman in the defendant’s employment, and at the time of the accident was in charge of a west bound car, which came into collision *170with a car going east, by which he suffered injuries ultimately causing his death. It appeared by his declarations put in evidence during the testimony of his widow,…
2Cases cited11 opinions
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
- Donovan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
- Koplan v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1900
- Graham v. MiddlebyMassachusetts Supreme Judicial Court · 1904
- Flynn v. ButlerMassachusetts Supreme Judicial Court · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Brown v. ThayerMassachusetts Supreme Judicial Court · 1912
- d'Almeida v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
- Lockwood v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Conners Bros. v. SullivanMassachusetts Supreme Judicial Court · 1915
11 more not listed; retrieve them via the Exa API.