Kelley v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, under the St. of 1881, c. 199,* for causing the death of the plaintiff’s intestate, on ¡November 16, 1880, at a place in Melrose, where the defendant’s railroad crossed a highway at grade.
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Tort, under the St. of 1881, c. 199,* for causing the death of the plaintiff’s intestate, on ¡November 16, 1880, at a place in Melrose, where the defendant’s railroad crossed a highway at grade. Writ dated August 9, 1881. Trial in the Superior Court, before Mason, J., who reported the case for the determination- of this court, in substance as follows: After the plaintiff had opened the case to the jury, the defendant asked the judge to rule, that, as the St. of 1881, c. 199, did not go into effect until May 12,1881, after the injury complained of, the action could not be maintained. The judge…
1Opinion of the CourtC. Allen, J.
The argument for the plaintiff rests chiefly on the ground that the statute under which the present action was brought simply transfers jurisdiction from the criminal to the *449civil court, and therefore impairs no vested right of the defendant, and may well be held to be retroactive in its operation. But no criminal jurisdiction existing under the earlier statute (St. 1874, c. 372, § 163) is taken away by the St. of 1881, c. 199; and the purpose of the later statute was to give a new remedy to the party by a civil action, in addition to that already existing by indictment. § 6. The civil action…
2Cited by20 opinions
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- Boott Mills v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
- Root v. MacDonaldMassachusetts Supreme Judicial Court · 1927
- School Committee of the City of Lowell v. Mayor of LowellMassachusetts Supreme Judicial Court · 1928
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