Kelley v. Jordan Marsh Co.

This is an action of tort to recover compensation for the conscious suffering and death of the plaintiff’s intestate alleged to have resulted from the negligence of the defendant. There was evidence tending to show that the intestate was found severely injured in the late afternoon of a December day on the sidewalk in front of the store of the defendant. The evidence as to the precise place on the sidewalk where she was first seen by any witness subsequent to her injury showed that she was perhaps twenty-five feet from the door of the defendant’s store and lying or sitting with her feet in…