Capano v. Melchionno

I

Rugg, C.J.

The bill of exceptions will be considered

first.

This is an action of tort by the administrator of the estate of Paul Capano, who at the time of his death on August 10, 1933, was about four years and eleven months of age. There were two counts in the declaration as originally filed, one to recover compensation for the death of the plaintiff’s intestate, and the other to recover compensation for his conscious suffering, both alleged to have been caused by the negligent operation of a motor vehicle by the defendant on a public way in Bevere in this Commonwealth. The case was referred…