WILSON v. MacDONALD


349 Mass. 419 (1965)

208 N.E.2d 805

CLARA W. WILSON, administratrix, vs. JOHN H. MacDONALD.

Supreme Judicial Court of Massachusetts, Hampden.

June 24, 1965.


Attorney(s) appearing for the Case

Charles S. Cohen (William M. Fitzgerald with him) for the defendant.

Leonard S. Michelman (Merwyn J. Burstein with him) for the plaintiff.

Present: WILKINS, C.J., WHITTEMORE, KIRK, SPIEGEL, & REARDON, JJ.


REARDON, J.

In this action of tort for conscious suffering and death of Edward Wilson, the plaintiff's intestate (Wilson), the jury returned verdicts for the plaintiff. The case was heard originally by an auditor, findings of fact not to be final, who found that the plaintiff was not entitled to recover. The case is before us on the defendant's exceptions to the denial of his motions for directed verdict, for verdict under leave reserved, and for a new trial, and...

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