269 Mass. 38 | Mass. | 1929
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 in operating an automobile on a public way. The only question presented is whether there was evidence sufficient to support a finding that the death of the plaintiff’s intestate, a boy between six and seven years of age, was caused by the conduct of the defendant. It appeared that the boy was knocked down by the automobile of the defendant, thereby suffering a fracture of the nasal bone, accompanied by active hemorrhage and considerable shock. An operation was required. He was admitted to a hospital on the same day and discharged nineteen days later. About five months subsequent to these injuries, directly after supper, he became unconscious, had convulsions and died within a few hours. A doctor was called who had never seen the boy before and did not know of his previous injuries.
Exceptions overruled.