SOMERS v. OSTERHELD


335 Mass. 24 (1956)

138 N.E.2d 370

ELEANOR E. SOMERS, administratrix, vs. ROGER G. OSTERHELD & another.

Supreme Judicial Court of Massachusetts, Hampden.

November 21, 1956.


Attorney(s) appearing for the Case

Richard S. Milstein, for the plaintiff.

Samuel W. Gaffer, Assistant Attorney General, for the defendants.

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


WILKINS, C.J.

The plaintiff, the administratrix of the estate of her minor son, Roger, appeals from orders sustaining the demurrers of each defendant to the two counts of the declaration respectively pertaining to each of them. G.L. (Ter. Ed.) c. 231, § 96. Each count alleges that Roger, eight years of age, had been a patient in Monson State Hospital since 1950. On March 24, 1955, he was placed out of doors, and disappeared. Weeks later he was found dead.

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