Wade v. Buchanan

The plaintiff’s intestate, forty-four years old, after suffering consciously, died in consequence of injuries *319resulting from a collision on June 10, 1937, at about 5:25 o’clock in the afternoon, between the bicycle that he was riding and an automobile owned and operated by the defendant. This is an action for his death (G. L. [Ter. Ed.] c. 229, § 5, as amended by St. 1937, c. 406, § 3) and conscious suffering. Upon the report of an auditor and other testimony, the case was tried to a jury, which took a view (Keeney v. Ciborowski, 304 Mass. 371, 374), and a verdict for the plaintiff was…