Castellucci v. Castellucci

These are three actions of trespass on the case for negligence brought by the administrator of the estate of Fannie Castellucci against Samuel A. Castellucci as administrator of the estate of her deceased husband and by two' minor sons of the marriage against the same defendant. In each case the defendant pleaded intra-familial immunity, to which the plaintiff demurred. Each case is before us on the plaintiff’s single exception to the decision of a superior court justice overruling the demurrer.

It appears from the pleadings that on October 2, 1960 Joseph Castellucci was the operator of a…