Kushner v. McGinnis

These two actions of tort were tried together by a judge of the Superior Court without a jury. The two plaintiffs are husband and wife. The wife’s action is to recover damages for personal injury to herself. The husband’s action is to recover consequential damages for injury to his wife. For convenience the wife will be referred to as the plaintiff, unless otherwise indicated.

Findings by the trial judge establish the following facts: At the time of the accident the defendant was operating and in control of an amusement device known as the “Dragon Pit” at Revere Beach. “A patron upon admission…