Goltz v. Besarick

There was evidence that the plaintiff’s intestate, a pedestrian on a public way, was struck on August 6, 1939, by an automobile owned and operated by the defendant. The intestate died on August 8, 1939. The declaration contains two counts, the first being to recover damages for the death under G. L. (Ter. Ed.) c. 229, § 5, as amended by St. 1937, c. 406, § 3 (see St. 1941, c. 504, § 3), and the second count being to recover damages for conscious suffering, of which there was evidence. There was testimony from physicians who attended the deceased that trauma *15was an adequate cause for the…