Legal Opinion

Carlson v. Boston & Maine Railroad

Massachusetts Supreme Judicial Court

Decided October 9, 1929PublishedCited by 7 opinions

1Opinion of the CourtCrosby, J.

This is 'an action brought under G. L. c. 229, § 3, to recover for the death of the plaintiff’s intestate. If it be assumed that at the time of her death she was a passenger of the defendant, the plaintiff might recover under G. L. c. 229, § 3, even if she was lacking in due care, provided her death was due to negligence of the defendant. Jones v. Boston & Northern Street Railway, 205 Mass. 108. Renaud v. New York, New Haven & Hartford Railroad, 210 Mass. 553, 556. Cotter, petitioner, 237 Mass. 68, 72. McCarthy v. Boston, Revere Beach & Lynn Railroad, 262 Mass. 56, 58.

The material facts as…

2Cases cited16 opinions

  1. Foley v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
  2. Cotter v. Boston, Revere Beach & Lynn RailroadMassachusetts Supreme Judicial Court · 1921
  3. Renaud v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1912
  4. Powers v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1909
  5. Nute v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1913

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3Cited by7 opinions

  1. Dolan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1952
  2. Maher v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1939
  3. McKay v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1933
  4. McNally v. Trustees of New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1950
  5. Goldstein v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1963

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