[DOWNLOAD] "Ciarmataro v. Adams" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free
eBook details
- Title: Ciarmataro v. Adams
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 02, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
CROSBY, J. This is an action to recover for the conscious suffering and death of the plaintiff's intestate as a result of
personal injuries received on June 13, 1923, on the island of Middle Brewster, in Boston Harbor. The declaration contains
two counts, the first for conscious suffering and the second for death, and both allege that the intestate was shot 'owing
to the wilful, wanton or reckless act of the defendant or the wilful, wanton or reckless act of his agents or servants while
engaged in his business.' There is no contention that there was evidence of any such act on the part of the defendant personally. The undisputed testimony showed that the intestate, a boy sixteen years of age, was killed by a shot from a concealed spring
or trap gun set up inside the window of a small building, which will hereafter be referred to as the 'cottage,' in such a
manner that it would be discharged if the window were raised or attempted to be raised by any one. It is the contention of
the plaintiff that this gun was placed behind the window by one Roose, a servant of the defendant, acting within the scope
of his employment.