McKEON v. NORTHEAST SERVICE CORP.


340 Mass. 724 (1960)

166 N.E.2d 733

BERNARD J. McKEON, administrator, vs. NORTHEAST SERVICE CORPORATION & another.

Supreme Judicial Court of Massachusetts, Worcester.

April 28, 1960.


Attorney(s) appearing for the Case

Stanley B. Milton, for the defendants.

John L. Lyman, (Edmond M. Trespacz with him,) for the plaintiff.

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


SPALDING, J.

On June 17, 1957, James B. McKeon, a small child, was killed by a truck owned by Northeast Service Corporation (Northeast) and operated by its employee, Albert J. Provencher. This action of tort for death was brought by the child's administrator against Northeast and Provencher. The sole question is whether certain statements in the charge concerning the law of gross negligence were prejudicial to the defendants.

There was evidence of the following...

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