289 Mass. 70 | Mass. | 1935
This is an action of tort to recover compensation for the conscious suffering and death of the plaintiff’s intestate. There was evidence tending to show that on September 17, 1933, the intestate, about seventy years of age, while crossing a street on foot in the exercise of
The defendant requested instructions to the effect that there could be no recovery on the death count in the plaintiff’s declaration (1) if “the pneumonia which caused the death of the deceased resulted from germs introduced into the body of the deceased after the date of the accident,” and (2) if the plaintiff failed to prove “that the pneumonia germ which caused the death of the deceased” was in his body “prior to or at the time of the accident.” These requests were denied rightly. Whatever else may be said of them they were not applicable to the testimony but were
Exceptions overruled.