Coulombe v. Horne Coal Co.

These are actions under G. L. c. 229, § 5, in the amended form appearing in St. 1925, c. 346, § 9, which makes liable in damages “a person who by his negligence or by his wilful, wanton or reckless act, or by the negligence or wilful, wanton or reckless act of his agents or servants while engaged in his business, causes the death of a person in the exercise of due care, who is not in his employment or service.” They are before us upon bills of exceptions of the plaintiffs and of the defendant after verdicts for the plaintiffs. It is conceded that no wilful, wanton or reckless conduct…