Matthews v. Liberty Mutual Insurance

The writ describes this as “an action of tort and or contract.” The plaintiff’s appeal relates only to counts 1 and 2 1 of the declaration, which sound in tort, and are against the defendant insurance company respectively for the death and for the conscious suffering of James Matthews, the plaintiff’s husband. Both "counts allege that on or about May 10, 1966, the defendant was under contract with Boston Edison Company, the decedent’s employer, to pay workmen’s compensation under G. L. c. 152; 2 that the defendant assumed the duty to inspect the Edison premises and to assist in promoting…