McNamara v. Boston & Maine Railroad

This is an action under G. L. c. 229, § 4, brought by the dependent next of kin of an employee instantly killed on February 11, 1928, to recover damages for the death from an. employer not insured under the workmen’s compensation act. Sylvain v. Boston & Maine Railroad, 280 Mass. 503. Without exception by the plaintiffs, a verdict for the defendant was directed on all counts except the first count, which alleged negligence in the opera*233tian and management of a locomotive engine. Upon the return of a verdict for the plaintiffs on that count, leave was reserved under G. L. (Ter. Ed.) c. 231, §…