TORTS - CONTRIBUTORY NEGLIGENCE OF ONE OF SEVERAL BENEFICIARIES AS A BAR TO RECOVERY UNDER DEATH STATUTE

The administrator of a deceased infant brought an action under the Massachusetts death statute to recover for the death of the child. Death was caused by the negligence of defendant's servant, the father of the deceased. Defendant contended that plaintiff should not prevail because the father, as one of the next of kin sharing in the distribution of the money recovered, would thereby profit from his own wrong. Held, the Massachusetts death statute was penal in nature, and since there was at least one beneficiary whose fault did not contribute to the wrongful death, recovery could be had without regard to the fault of the other beneficiary.

O'Connor v. Benson Coal Co., (Mass. 1938) 16 N. E. (2d) 636.