Mullett v. Milkey

This accident happened in the town of Bernardston, Massachusetts, when the plaintiff’s intestate, a pedestrian on the highway, was struck and instantly killed by an automobile driven by the defendant. The cause of action is predicated upon Sec. 5, Chap. 229, of the General Laws of Massachusetts, which, so far as material, provides that: “a person, who by his negligence or by his wilful, wanton or reckless act ... . causes the death of a person in the exercise of due care, who is not in his employment or service, shall be liable in damages in the sum of not less than five hundred nor more than…