Ellingsgard v. Silver

We summarize the evidence in this action of tort as follows: On August 16, 1961, Mary Ellingsgard was injured when a motorboat struck the dock on which she was standing. The dock, owned by a third person, extended into Pontoosuc Lake near Pittsfield. Shortly before the boat struck the dock, Perley Brace, the owner and operator, suffered a heart attack and lost control of the boat. His death occurred ‘ 1 some time prior to the striking of the dock.’ ’ The cause of death was “probable coronary thrombosis.” Brace was an employee of the defendant and was acting in the course of his employment…