Johanson v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Four actions of tort. Two cases were brought by each plaintiff, as administrator, for causing the death of his child at a crossing of the defendant’s railroad in Malden, and the other two cases were brought by each individually for the loss of the services of the children, and for their funeral expenses, respectively.
Read the full summary
Four actions of tort. Two cases were brought by each plaintiff, as administrator, for causing the death of his child at a crossing of the defendant’s railroad in Malden, and the other two cases were brought by each individually for the loss of the services of the children, and for their funeral expenses, respectively. The cases were tried together in the Superior Court, before Barker, J., who directed a verdict in each case for the defendant, and allowed a bill of exceptions, the substance of which appears in the opinion.
1Opinion of the CourtHolmes, J.
These were actions brought for causing the death of the plaintiffs’ children respectively. Two of them were brought by the plaintiffs on their own behalf, for loss of the services of the deceased; but it being admitted that the children were killed instantly, the court below ruled that the actions could not be maintained, and the exceptions to this ruling are waived. The other two actions were brought by the plaintiffs as administrators of their sons. At the close of the plaintiffs’ evidence, the court ruled that these actions also could not be maintained; and the plaintiffs excepted.
The…
2Cases cited9 opinions
- Tully v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1883
- Menard v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
- Mayo v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1870
- Doyle v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
- Fletcher v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Daniels v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
- Fleenor v. Oregon Short Line RailroadIdaho Supreme Court · 1909
- Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- Sprow v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
22 more not listed; retrieve them via the Exa API.