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GAUSS v. H.N. HARTWELL CO. INC.

338 Mass. 353 (1959)

155 N.E.2d 415

KATHLEEN M. GAUSS, administratrix, vs. H.N. HARTWELL CO., INC.

Supreme Judicial Court of Massachusetts, Suffolk.

January 14, 1959.

Attorney(s) appearing for the Case

Edward J. Barshak, for the plaintiff.

Philander S. Ratzkoff, for the defendant.

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

WHITTEMORE, J.

These are the plaintiff's exceptions to the direction of verdicts for the defendant in an action of tort for negligently causing the death and conscious suffering of the plaintiff's intestate, William E. Gauss. The case, like McPadden v. W.J. Halloran Co., ante, 189, involves application of the doctrine of common employment under § 18 of the workmen's compensation act (G.L.c. 152) and is...

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