GAULD v. JOHN HANCOCK MUTUAL LIFE INS. CO.


329 Mass. 724 (1953)

110 N.E.2d 318

LOUISE A. GAULD, administratrix, vs. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

February 2, 1953.


Attorney(s) appearing for the Case

Thomas H. Mahony, (Edward F. Mahony with him,) for the defendant.

Harold E. Magnuson, (Paul A. Good with him,) for the plaintiff.

Present: QUA, C.J., LUMMUS, RONAN, SPALDING, & WILLIAMS, JJ.


SPALDING, J.

This is an action of tort in two counts for the death and conscious suffering of the plaintiff's intestate while he was engaged in repairing a roof on the defendant's building. The case was tried to a jury, and at the close of the evidence the judge granted the defendant's motion for a directed verdict on the second count, for conscious suffering, and submitted the case to the jury on the first count. There was a verdict for the plaintiff. The case is...

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