Kallio v. Worcester Consolidated Street Railway Co.
Massachusetts Supreme Judicial Court
Tort by the administrator of the estate of Anthony Kallio, late of Worcester, for causing the death and the preceding conscious suffering of the plaintiff’s intestate when he was thirteen years of age by injuries sustained on January 16,1913, from which he died on February 14 of the same year.
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Tort by the administrator of the estate of Anthony Kallio, late of Worcester, for causing the death and the preceding conscious suffering of the plaintiff’s intestate when he was thirteen years of age by injuries sustained on January 16,1913, from which he died on February 14 of the same year. Writ dated June 16, 1913. In the Superior Court the case was tried before Hall, J., who at the close of the evidence, which is described in the opinion, ordered a verdict for the defendant. The plaintiff alleged exceptions. The case was submitted on briefs.
1Opinion of the CourtRugg, C. J.
This is an action of tort to recover for the death and conscious suffering of Anthony Kallio, a thirteen year old boy, who received a mortal injury after dark on a January day while *122leaving a moving car of the defendant on which he had been "hopping cars.” Other evidence showed that this meant that he was trying to ride, unobserved by the conductor and without paying fare, upon parts of the car not intended for passengers. There was evidence tending to show that the boy had been riding on the left rear step outside the closed vestibule door which enclosed that side of the platform, and was on…
2Cases cited15 opinions
- Bothwell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
- Bjornquist v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1904
- Planz v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
- Mugford v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1899
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3Cited by3 opinions
- Riley's CaseMassachusetts Supreme Judicial Court · 1917
- Doherty v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1918
- Scott v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1945