Martinelli v. Burke

These are actions for death under G. L. (Ter. Ed.) c. 229, § 5. The plaintiffs’ intestates were the wife and three minor children of the defendant’s intestate and constituted his entire family. All, including the defendant’s intestate, while riding in an automobile in Monson driven by the defendant’s intestate, were killed without conscious suffering by a collision with a railroad train at a grade crossing due to the negligence of the defendant’s intestate, the plaintiffs’ intestates being in the exercise of due care. Of the five victims of the accident, the father, the defendant’s intestate,…