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HANLON v. WHITE FUEL CORP.

328 Mass. 455 (1952)

104 N.E.2d 424

JEREMIAH J. HANLON, administrator, vs. WHITE FUEL CORPORATION (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

March 3, 1952.

Attorney(s) appearing for the Case

S.P. Sears, (H.I. Klarfeld with him,) for the plaintiff.

E. Martin, (E.F. Hennessey with him,) for the defendants.

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

RONAN, J.

These two actions were brought to recover compensation for the death and conscious suffering of the plaintiff's nine year old son, who was run over on a public way by a truck owned by the defendant White Fuel Corporation and operated by its employee, the defendant Barrett. Each declaration contained a count for death, and a count for conscious suffering based upon ordinary negligence and one based upon gross negligence. At the close of the evidence, the...

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