Massachusetts Supreme Judicial Court February 5, 1968 (Herwitz v. Massachusetts Bay Transportation Authority)

Spalding, J.

About 9 p.m. on March 23, 1963, Carl Herwitz (decedent) was struck and killed by a streetcar,

*595

operated by one Townsend, of the MTA (Authority), now Massachusetts Bay Transportation Authority.

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This action of tort was brought by the decedent’s executrix against Townsend and the Authority to recover for the death and conscious suffering of the decedent.