Beauregard v. Webb Granite & Construction Co.

The presiding justice compelled the plaintiff, at the close of the evidence, “ to elect upon which count she would go to the jury.” The declaration contains two counts, each under St. 1887, c. 270. The action is by a widow for the death of her husband, Clement Beauregard, who, it is alleged, was in the exercise of due care, and died without conscious suffering while in the employment of the defendant. The first count is plainly intended as a count under § 1, cl. 1, of the statute, and the second count is under clause 2 of the same section. The evidence, so far as it is recited in the report,…