Welch v. O'Leary

This is an action of tort. The declaration is in two counts: the first for the death of the plaintiff’s intestate — his wife — and the second for her conscious suffering. It could have been found that the plaintiff’s intestate received injuries resulting in her death by reason of the operation by one Sullivan of an automobile owned by the defendant and registered in her name. A verdict was directed for the defendant and the plaintiff excepted.

The verdict was directed rightly.

The first count of the declaration is based on negligence and the second on gross negligence of the operator of the…