Hodnett v. Boston & Albany Railroad

This action is brought by the plaintiff as next of kin of the deceased, under the St. of 1887, c. 270, § 2, which provides that “ where an employee is instantly killed, or dies without conscious suffering, . . . the next of kin, provided that such next of kin were at the time of the death of such employee *87dependent upon the wages of such employee for support, may maintain an action for damages,” etc. The employee was not instantly killed. It was therefore incumbent on the plaintiff to prove that the deceased died without conscious suffering, and also that she at the time of his death was…