Rocha v. Alber

This action of tort to recover damages for the conscious suffering and death of the plaintiff’s intestate was first heard by an auditor, who found for' the defendant. Subsequently the case was tried to a jury, before whom the auditor’s report was introduced in evidence. Further evidence was also presented. Each of the two counts in the declaration alleges ordinary negligence on the part of the defendant. At the close of the evidence the judge allowed the defendant’s motion for a directed verdict, subject to the plaintiff’s exception.

There was evidence tending to show the following facts: On…