Dulligan v. Barber Asphalt Paving Co.

This is an action of tort brought by the administratrix of the estate of Thomas Dulligan. The declaration contained two counts. The first was framed to recover for the death of Thomas Dulligan, under R. L. c. 106, occasioned by the negligence of a superintendent of the defendant. The second count was to recover for conscious suffering of the plaintiff’s intestate arising *229from common law negligence of the defendant. The two counts were joined in one cause of action under St. 1906, c. 370. See Bartley v. Boston & Northern Street Railway, 198 Mass. 163. In the Superior Court a verdict was…