The Massachusetts Business Corporation Law of 1903 : Covering Private Business Corporations Excepting Financial, Insurance And Public Service Corporations

Cover The Massachusetts Business Corporation Law of 1903 : Covering Private Business Corporations Excepting Financial, Insurance And Public Service Corporations
The Massachusetts Business Corporation Law of 1903 : Covering Private Business Corporations Excepting Financial, Insurance And Public Service Corporations
Massachusetts
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888 Telegram Newspaper Co. y. Commonwealth, 172 Mass. 295.
«*o Riddle y. Proprietors, 7 Mass. 169.
«*i Holmes v. Wakefield, 12 Allen, 580; Moore v. Fitchburg R. Co., 4 Gray, 465; Hewett y. Swift, 3 Allen, 420.
««St. 1907, c. 375, § 1; R. L., c. 171, 5 2; St. 1898, c. 565; St. 1897, c. 416.
Citations. — Manning y. Conway, 192 Mass. 123, 125 ; Pearlstein y. New York, etc., R. Co., 192 Mass. 27; Oulighan y. Butler, 189 Mass. 287; Bren- nan y. Standard Oil Co., 187 Mass. 376; Hudson y. Lynn & Bosto
...n R. Co., 172 Act of 1903, § 18. [Ch. V.
Under this section, if injury is caused by a defect, the defect need not be the sole cause of the injury, as under the highway acts."* In an action under this section, the declaration must allege that the decedent left a widow, or children, or next of kin.
If it does not, the defect may be taken advantage of by de- murer; ®*^ or, as it is a defect, of substance, by a request for a ruling that the plaintiff is not entitled to recover on the plead- ing.*^*^ It cannot be raised only on an argument on an excep- tion to a refusal to give a general ruling at the end of the trial, that upon all the evidence the plaintiff is not entitled to re- cover.®*® A count for death, under this section, cannot be joined with a count at common law for conscious suffering before death.®**^ § 18.


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