Wall v. Massachusetts Northeastern Street Railway Co.
| Citation | 229 Mass. 506 |
| Parties | CAROLINE E. WALL, executrix, v. MASSACHUSETTS NORTHEASTERN STREET RAILWAY COMPANY. |
| Decision Date | 28 February 1918 |
| Court | United States State Supreme Judicial Court of Massachusetts |
January 8 1918.
Present: RUGG, C.
J., DE COURCY CROSBY, PIERCE, & CARROLL, JJ.
Negligence, Causing death. Death. Release. Executor and Administrator.
If one, who has suffered an injury by reason of the negligence of a street railway corporation, executes and delivers to the corporation a release, stating that it is binding upon his heirs executors, administrators and assigns, discharging the corporation "from any and all claims, demands, action and causes of action, of every name and nature, that I have or might have against" it "as the result of all injuries, either personal or property, sustained by me on . [naming the date]", such release, in case of the subsequent death of the injured person, does not bar an action brought by the executor of his will under St. 1906, c 463, Part
I, Section 63, as amended by Sts. 1907, c. 392, Section 1; 1911, c. 635; 1912, c. 354, to enforce the penalty for causing his death by the negligent act that caused the injury specified in the release.
TORT by the executrix of the will of Rosa A. Arnold, with a declaration in two counts, the first for causing conscious suffering, and the second for causing the death, of the plaintiff's testatrix through negligence. Writ dated July 22, 1916.
In the Superior Court the case was tried before Sanderson, J., the defendant relying on the release described in the opinion. At the close of the evidence, it was agreed that the release was a bar to the cause of action set out in the first count. The judge ruled that it also was a bar to the action set out in the second count, ordered a verdict for the defendant and reported the case for determination by this court, it being agreed that, if the ruling was erroneous, judgment was to be entered for the plaintiff in the sum of $1,500; but, if the ruling was correct, judgment was to be entered for the defendant.
J. J. Ryan & J.
T. Fitzgerald, for the defendant, submitted a brief.
A. Withington, for the plaintiff.
BY THE COURT. This is an action of tort under St. 1906, c. 463, Part I, Section 63, as amended by Sts. 1907, c. 392, Section 1; 1911, c. 635;
1912, c. 354, in two counts; one for conscious suffering and the other for death of Rosa A. Arnold, while a passenger of the defendant in the exercise of due care, caused by the negligence of the servants of the defendant.
During her life the deceased executed a release under seal discharging the defendant ...
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