Fitzgerald v. Colt-Stewart Motor Co.

The plaintiff seeks damages for the death of his intestate, an infant, who was struck and severely injured by one of defendant’s trucks. The accident happened March 30, 1926. For the purposes of this appeal it may be assumed that the evidence was sufficient to warrant the jury’s finding of negligence on the part of the defendant and of the intestate’s freedom from contributory negligence.

The chief issue presented is whether death was due to the injuries *177inflicted by the defendant. In setting aside the verdict the learned trial justice adopted the view urged by the defendant’s counsel that…