BEATTY v. FOX


328 Mass. 216 (1952)

102 N.E.2d 781

WILLIAM J. BEATTY, administrator, vs. SAMUEL FOX (and a companion case).

Supreme Judicial Court of Massachusetts, Norfolk.

January 4, 1952.


Attorney(s) appearing for the Case

F.G. Katzmann & M.J. Dray, for the defendants, submitted a brief.

H.D. White, for the plaintiff.

Present: QUA, C.J., WILKINS, SPALDING, WILLIAMS, & COUNIHAN, JJ.


QUA, C.J.

On September 4, 1947, Brenda B. Beatty, a child three years and three months of age, daughter of the plaintiff, was killed in Brookline by a motor vehicle owned by the defendant Fox and driven by his agent, the defendant Festino.

The declaration in each case contains a count for the death. There was evidence that Festino was negligent, and that the child was not contributorily negligent. The jury found for the plaintiff on the death count in each...

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