[DOWNLOAD] "Lynch v. New York" by Supreme Judicial Court of Massachusetts ~ Book PDF Kindle ePub Free
eBook details
- Title: Lynch v. New York
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 01, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
CROSBY, Justice. This is an action of tort brought by the plaintiff to recover for the conscious suffering and death of her
late husband, Thomas Lynch (hereinafter referred to as Lynch), while he was in the employ of the defendant. The action was
brought under the Federal Employers' Liability Act (35 U.S.Stat. at Large 65, c. 149, § 1 et seq., U.S.C. title
45, §§ 51-59 [45 U.S.C.A. §§ 51-59]) against the defendant, and was tried on a substitute
declaration. The defendant's exceptions relate solely to the allowance of the plaintiff's substitute declaration. The jury returned a verdict for the plaintiff in the sum of $5,000 on the count for death, and $500 on the count for conscious
suffering. The verdict was entered by the Judge subject to leave reserved under G.L.(Ter.Ed.) c. 231, § 120. Thereafter
the defendant filed a motion for a verdict in its favor, which was argued, and a verdict for the defendant was entered accordingly.
To the allowance of the motion and to the entry of the verdict, the plaintiff excepted. It was agreed by counsel at the trial
that the plaintiff was the duly qualified administratrix of the estate of the deceased, and that the deceased, at the time
of the derailment which resulted in his death, was employed by the defendant in work constituting interstate commerce.