Noyes v. Shea

The plaintiff appealed from the interlocutory decree sustaining the defendant’s demurrer and from the final decree dismissing her bill. Certain aspects of this litigation have already been before this court. See Gordon v. Shea, 300 Mass. 95; Noyes v. Bankers Indemnity Ins. Co. 307 Mass. 567.

Material allegations of the plaintiff’s bill are that on July 9, 1935, she sustained personal injuries as the result of the negligent operation of an automobile in this Commonwealth by Samuel S. Gordon, late of the State of .Rhode Island, who died on February 22, 1936; that in July, 1935, the plaintiff…