Keyes v. Construction Service, Inc.

The plaintiff, administratrix of the estate of one Duncan Reed, appeals from an order of the Superior Court sustaining the defendants’ demurrer to her amended declaration in which it is alleged that ivhile her intestate was an existing viable child in his mother’s womb he received bodily injury in a collision of automobiles, “causing him to be born prematurely, and which said bodily injuries resulted in his death.” We are asked to reexamine previous decisions of this court and again decide whether a child or his legal representative may recover in an action of tort for prenatal injuries…