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MATTHEWS v. LIBERTY MUTUAL INS. CO.

354 Mass. 470 (1968)

238 N.E.2d 348

MARGARET E. MATTHEWS, administratrix, vs. LIBERTY MUTUAL INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

June 13, 1968.

Attorney(s) appearing for the Case

John D. Corrigan, Jr., for the plaintiff.

James D. Casey (Morris G. Nicholson with him) for the defendant.

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

WILKINS, C.J.

The writ describes this as "an action of tort and or contract." The plaintiff's appeal relates only to counts 1 and 21 of the declaration, which sound in tort, and are against the defendant insurance company respectively for the death and for the conscious suffering of James Matthews, the plaintiff's husband. Both counts allege that on or about May 10, 1966, the defendant was under contract with Boston Edison Company, the...

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