Hall v. Henry Thayer & Co.

The plaintiffs sue in tort for the death without conscious suffering of their respective intestates, employees of one Shaw, who were killed on March 28, 1913, while at work on the defendant’s water tank which Shaw had contracted to repair. A verdict in each case having been ordered and returned for the defendant, the cases are here on the report of the presiding judge,* in which not only the question of the defendant’s liability for the death of the intestates, but also the question whether the plaintiffs can maintain the actions, is raised.

The declarations were not demurred to, and we…