Avila v. DuPont

This is an action of tort to recover for the conscious suffering and death of the plaintiff’s intestate, resulting from an automobile accident which occurred about 11:30 p.m. on August 11, 1928, on the main highway in the village of Osterville, a part of the town of Barnstable, in this *85Commonwealth. At the time of the accident a touring car, owned by A. Felix DuPont, was operated by his cousin, the defendant, on the highway in a westerly direction, and after passing an automobile proceeding in the same direction, operated by one Davidson, the left front wheel of the defendant’s car collided…