Ciarmataro v. Adams

This is an action to recover for the conscious suffering and death of the plaintiff’s intestate as a result of personal injuries received on June 13, 1923, on the island of Middle Brewster, in Boston harbor. The declaration contains two counts, the first for conscious suffering and the second for death, and both allege that the intestate was shot “owing to the wilful, wanton or reckless act of the defendant or the wilful, wanton or reckless act of *522his agents or servants while engaged in his business.” There is no contention that there was evidence of any such act on the part of the defendant…