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action administrator agreement alleged exceptions amended amount appears assignment automobile bank bill Boston & Maine Boston Elevated Railway Braley by-law caused common law Commonwealth Company contract corporation count Courcy Crosby damages death deceased December 30 declaration decree defect defendant defendant's Dwelly electric employee entitled evidence Exceptions overruled facts fendant filed held Ibid Industrial Accident Board insurer interpleader intestate judgment jury land lease liability libellant Mass matter mayor ment mortgage negligence November November 24 October October 24 opinion owner paid parties partnership payment personal injuries petition petitioner plaintiff plumber pond Present presiding judge Probate Court provisions question reason recover refused request res ipsa loquitur Rugg rule September 28 Sheldon statute street railway Suffolk suit in equity Superior Court sustained testified testimony tiff tion tort town track trial trustees verdict warrant a finding Worcester Writ dated
Page 358 - Provided, That no such employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.
Page 357 - ... the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee: Proridfd.
Page 5 - In order to be responsible, he must have sufficient power of memory to recollect the relation in which he stands to others, and in which others stand to him ; that the act he is doing is contrary to the plain dictates of justice and right, injurious to others, and a violation of the dictates of duty.
Page 522 - The presumption is that the persons injured were *in the exercise of due care at the time of the injury.
Page 357 - Columbia and any of the states or territories and any foreign nation or nations shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce...
Page 357 - ... resulting in whole or in part from the negligence of any of the officers, agents or employees of such carrier or by reason of any defect or insufficiency due to its negligence in its cars, engines, appliances, machinery, tracks, roadbed, works, boats, wharves or other equipment.
Page 359 - Columbia or any of the states or territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee's parents, and, if none, then of the next of kin dependent upon such employee...
Page 143 - ... if there is more than one person wholly dependent, the death benefit shall be divided equally among them, and persons...