SIVER v. ATLANTIC UNION COLLEGE


338 Mass. 212 (1958)

154 N.E.2d 360

KENNETH SIVER, administrator, vs. ATLANTIC UNION COLLEGE & another.

Supreme Judicial Court of Massachusetts, Worcester.

December 8, 1958.


Attorney(s) appearing for the Case

Morris N. Gould, for the plaintiff.

Philip J. MacCarthy, for the defendant Atlantic Union College.

Paul L. Hinckley, for the defendant Stump.

Present: WILKINS, C.J., WILLIAMS, COUNIHAN, WHITTEMORE, & CUTTER, JJ.


WILLIAMS, J.

This is an action of tort to recover for the death and conscious suffering of the plaintiff's intestate, Cheryl Siver, a child of two years and two months. The defendants are Atlantic Union College and its president, Lawrence M. Stump. The plaintiff's declaration is in eight counts of which counts 1 and 2 allege the negligence of the president; counts 3 and 4 the negligence of the college; counts 5 and 6 the wilful, reckless or wanton conduct of the college...

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