Buckman v. McCarthy Freight System, Inc.

This action of tort is brought by the administrator of the estate of George F. Johnstone to recover for his conscious suffering and death1 alleged to have been caused by the negligent operation of a motor trailer truck owned by the defendant and operated by its agent. The case comes before us on the plaintiff’s exception to the *552action of the judge in allowing, at the close of the plaintiff’s evidence, the motion of the defendant for a directed verdict in its favor.

The evidence in its aspect most favorable to the plaintiff would have warranted the jury in finding the following facts: On…