Bergeron v. Forest
Massachusetts Supreme Judicial Court
Tort for conscious suffering and the causing of the death of Clarice Bergeron, the plaintiff’s intestate, through the breaking on January 21,1916, of a railing surrounding a piazza which was a part of a tenement owned by the defendant in the “Cleghorn” district in Fitchburg, of which the intestate’s husband was a tenant at will.
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Tort for conscious suffering and the causing of the death of Clarice Bergeron, the plaintiff’s intestate, through the breaking on January 21,1916, of a railing surrounding a piazza which was a part of a tenement owned by the defendant in the “Cleghorn” district in Fitchburg, of which the intestate’s husband was a tenant at will. Writ dated March 25, 1916. In the Superior Court the action was tried before Sanderson, J. The bill of exceptions stated, “It was conceded that the railing, the breaking of which caused the injuries of the plaintiff’s intestate, was at the time of the accident out of…
1Opinion of the CourtRugg, C. J.
This is an action of tort to recover for the conscious suffering and death of the wife of Eli Bergeron, who was a tenant at will of the defendant on the second floor of a three-story house.' Connected with and a part of the tenement of Eli was a piazza surrounded by a railing or balustrade, which gave way when the deceased went to empty a teapot over the railing, and she fell to the ground and suffered injuries from which she subsequently died. This action is brought to recover compensation for the conscious suffering and the penalty for the death. The case went to the jury upon four counts.…
2Cases cited29 opinions
- Savings Bank v. WardSupreme Court of the United States · 1880
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
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- Gill v. MiddletonMassachusetts Supreme Judicial Court · 1870
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