White v. Cormier

This is an action under G. L. (Ter. Ed.) c. 229, § 5, to recover for the death of the plaintiff’s intestate, caused by the negligence of the defendant’s intestate. A count for conscious suffering was waived by the plaintiff. Upon motion of the defendant the judge directed the jury *538to return a verdict for the defendant on the ground that the action was prematurely brought. The plaintiff duly excepted to that action of the judge. The only question presented for determination by us is whether the action was prematurely brought.

The relevant facts follow. On December 24, 1935, the defendant’s…