DOLAN v. BOSTON & MAINE RAILROAD


328 Mass. 532 (1952)

105 N.E.2d 376

ETHEL G. DOLAN, administratrix, vs. BOSTON AND MAINE RAILROAD.

Supreme Judicial Court of Massachusetts, Essex.

April 2, 1952.


Attorney(s) appearing for the Case

S.E. Seegel, for the plaintiff.

P. Brownell, for the defendant.

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


WILLIAMS, J.

This is an action of tort by the administratrix of the estate of Henry E. Dolan to recover compensation for his conscious suffering and death. St. 1947, c. 506, §§ 1A, 2. The plaintiff has excepted to the entry of verdicts for the defendant under leave reserved on the counts both for conscious suffering and for death after verdicts returned by the jury for the plaintiff.

There was evidence that on January 7, 1948, at about 8:47 A.M....

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