O'Rourke v. Sullivan

This is an action of tort, with a declaration in two counts, to recover for the conscious suffering and death of the plaintiffs’ intestate resulting from having been struck on December 6, 1936, by an automobile operated by the defendant. The defendant’s answer set up, among other defences, that a release of all claims and demands arising out of the accident had been given to him by one Mitchell, as public administrator of the estate of the intestate, on January 28, 1937.

After the jury had been empanelled, the plaintiffs’ counsel conceded that, on the date last mentioned, Mitchell, who was…