KEYES v. CONSTRUCTION SERVICE, INC.


340 Mass. 633 (1960)

165 N.E.2d 912

ZELLA KEYES, administratrix, vs. CONSTRUCTION SERVICE, INC. & another.

Supreme Judicial Court of Massachusetts, Hampden.

April 4, 1960.


Attorney(s) appearing for the Case

William A. Godfrey, for the plaintiff.

George W. Leary, for the defendants.

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


WILLIAMS, J.

The plaintiff, administratrix of the estate of one Duncan Reed, appeals from an order of the Superior Court sustaining the defendants' demurrer to her amended declaration in which it is alleged that while her intestate was an existing viable child in his mother's womb he received bodily injury in a collision of automobiles, "causing him to be born prematurely, and which said bodily injuries resulted in his death." We are asked to reexamine previous decisions...

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