Massachusetts Supreme Judicial Court February 24, 1943 (Sears v. Boston Elevated Railway Co.)

Ronan, J.

This is an action of tort to recover for the death and ■ conscious suffering of the plaintiff’s intestate, resulting from an accident which occurred on September 28, 1937, when he was struck by one of the defendant’s cars as he was crossing Beacon Street, a public highway in Brookline. The answer was a general denial and an allegation of lack of due care of the intestate.