Johnston v. Bay State Street Railway Co.

This action was brought by David Johnston, administrator of the estate of Lester H. Toal, against the Bay State Street Railway Company, under St. 1906, c. 463, Part I, § 63, as amended by St. 1907, c. 392, § 1, for negligently causing his death. It was not disputed that the deceased was a single man, nor that at the time of the accident and at the date of his death his father was his only next of kin. The accident occurred on September 16, 1911, and an administrator was duly • appointed thereafter; the administrator brought an action on April 16, 1912, and since the bringing of the action the…