Bliss v. Passanesi

This is an action of tort which sought in the first count to recover for the death and in the second count to recover for the conscious suffering of the plaintiff’s intestate caused by injuries sustained by the intestate due to the negligence of the defendant when the intestate “was an existing viable child in her mother’s womb.” A demurrer to these counts was sustained and the plaintiff appealed to this court.

The question of law presented by this demurrer has been decided adversely to the maintenance of such an action in Dietrich v. Northampton, 138 Mass. 14, which seems to have been the…