Previte v. Wanskuck Co.

This is an action of trespass on the case for negligence brought under the death by wrongful act statute to recover damages for the death of the minor son of plaintiffs, who are his surviving parents and the only persons for whose benefit the action is brought. General laws 1938, chapter 477. The case was heard in the superior court on defendant’s demurrer to plaintiffs’ second amended declaration. The trial justice sustained the demurrer on all grounds and the case is here on plaintiffs’ bill of exceptions to that decision.

The declaration contains two counts. The first alleges in substance…