Capano v. Melchionno

This is an action of tort by the administrator of the estate of Paul Capano, who at the time of his death on August 10, 1933, was about four years and eleven months of age. There were two counts in the declaration as originally filed, one to recover compensation for the death of the plaintiffs intestate, and the other to recover compensation for his conscious suffering, both alleged to have been caused by the negligent operation of a motor vehicle by the defendant on a public way in Revere in this commonwealth. The case was referred to an auditor, whose findings of fact were not to be final. The auditor found for the defendant on both counts on the ground that the defendant as a reasonably prudent man did all that he should have done, and that there was no evidence of his negligence. The case was tried to a jury. A verdict was returned in favor of the plaintiff on each count.