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BLISS v. PASSANESI

326 Mass. 461 (1950)

95 N.E.2d 206

ERNEST D. BLISS, administrator, vs. FRANK D. PASSANESI.

Supreme Judicial Court of Massachusetts, Suffolk.

November 14, 1950.

Attorney(s) appearing for the Case

A.E. Kahn, (C.B. Garabedian with him,) for the plaintiff.

W.I. Badger, Jr., for the defendant.

Present: QUA, C.J., LUMMUS, RONAN, SPALDING, & WILLIAMS, JJ.

RONAN, J.

This is an action of tort which sought in the first count to recover for the death and in the second count to recover for the conscious suffering of the plaintiff's intestate caused by injuries sustained by the intestate due to the negligence of the defendant when the intestate "was an existing viable child in her mother's womb." A demurrer to these counts was sustained and the plaintiff appealed to this court...

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