Smith v. Neibauer Bus Co.

This is an action of tort to recover compensation for the conscious suffering and death of the plaintiff’s intestate resulting from injuries received in a collision of two motor vehicles in Copley Square, Boston, on September 3, 1946. There were verdicts for the plaintiff on the counts both for conscious suffering, and for death. The defendant’s exceptions which are before us relate only to matters of evidence.

A truck of the Boston Elevated Railway, in which the decedent was riding, collided with a bus of the defendant at about 7:15 a.m. in that part of Copley Square where Huntington Avenue…