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HERWITZ v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

353 Mass. 594 (1968)

233 N.E.2d 726

BARBARA N. HERWITZ, EXECUTRIX, vs. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY & another.

Supreme Judicial Court of Massachusetts, Middlesex.

February 5, 1968.

Attorney(s) appearing for the Case

James Charles Roy for the defendants.

Joseph J. Hurley (Thomas E. Cargill, Jr., with him) for the plaintiff.

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

SPALDING, J.

About 9 P.M. on March 23, 1963, Carl Herwitz (decedent) was struck and killed by a streetcar, operated by one Townsend, of the MTA (Authority), now Massachusetts Bay Transportation Authority.1 This action of tort was brought by the decedent's executrix against Townsend and the Authority to recover for the death and conscious suffering of the decedent. At the close of the evidence...

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