Deignan v. Lubarsky

This is an action to recover for the death1 of the plaintiff’s intestate, an employee of the defendant; the latter was not insured under the workmen’s compensation act. The case was tried to a jury, which returned a verdict for the plaintiff, and comes here on numerous exceptions taken by the defendant during the trial. But in the view that we take of the case, the only exception that we need consider is that arising from the denial of the defendant’s motion for a directed verdict.

The following is a summary of the significant evidence: The plaintiff’s intestate on September 30, 1941, was…