DeFrancisco v. Heath

This is an action of tort in which the plaintiff as administrator of the estate of his minor son seeks to recover for the conscious suffering and death of the deceased. The case was tried to a jury. At the close of the evidence the defendant's motion for a directed verdict on both counts was denied, subject to his exceptions. In submitting the case to the jury the judge directed them to *528answer the following questions: “1. Was the defendant . . . negligent? 2. Was the deceased in the exercise of due care?” The jury answered both questions in the affirmative and returned a verdict for the…