Adamian v. Three Sons, Inc.

In this action of tort in three counts, a judge of the Superior Court sustained a demurrer to the declaration for failure to state a cause of action, and pursuant to G. L. c. 231, § 111, reported the correctness of his rulings to this court.

Count 1 is by the plaintiff individually for his own personal injuries. Counts 2 and 3 are by the plaintiff as administrator of the estate of June Adamian, count 2 for wrongful death, and count 3 for conscious suffering. The substantial allegations are identical in the three counts. The defendant owned and operated a restaurant and barroom in Waltham. It…