Baxter v. Bourget

This is an action for the conscious suffering and death of the plaintiff’s intestate as the result of being struck by an automobile operated by the defendant on West Main Street in Avon on December 9, 1938. There were verdicts for the plaintiff both for conscious suffering and for death. Apparently because of dissatisfaction with the amounts of the verdicts, the plaintiff filed a bill of exceptions.

The plaintiff’s first alleged grievance is disclosed in the record from discussions between the judge and counsel which took place on two different days of the trial. Assuming that the plaintiff’s…