ROSS v. BROITMAN


338 Mass. 770 (1959)

157 N.E.2d 532

EDITH MARIE ROSS, administratrix, vs. SARAH BROITMAN.

Supreme Judicial Court of Massachusetts, Suffolk.

April 6, 1959.


Attorney(s) appearing for the Case

Joseph G. Schumb, (Harold Markel with him,) for the defendant.

Arthur Brogna, for the plaintiff.

Present: RONAN, SPALDING, COUNIHAN, WHITTEMORE, & CUTTER, JJ.


WHITTEMORE, J.

In this action of tort the plaintiff had verdicts for the conscious suffering and death of the plaintiff's intestate, Donna Marie Ward, in a fire in premises of the defendant. The defendant excepted to the denial of a motion for a directed verdict, to the refusal to give certain requests, to instructions given, and to the denial in part of a motion to strike material from the auditor's report.

The evidence permitted the jury to find as follows...

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