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LELAND H. COLE, administrator, vs. BAY STATE STREET RAILWAY COMPANY.

Damages, In tort. Actionable Tort. Negligence, Causing death. All damages resulting to a person from personal injuries due to the negligence of another person should be recovered in one action. Two separate actions cannot be maintained by the same plaintiff, one for suffering and another for expenses incurred for medicine, nursing, care, and medical and surgical attendance caused by the same injury.

BY THE COURT.

The medical, hospital and other similar expenses incurred by the plaintiff's intestate were a part of the damages arising from her personal injury and could have been recovered in that action. Turner v. Boston Maine Railroad, 158 Mass. 261, 266, 267. They cannot be made the subject of a separate action. Sullivan v. Baxter, 150 Mass. 261. Bliss v. New York Central Hudson River Railroad, 160 Mass. 447, 455.

Judgment for the defendant.

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COLE v. BAY STATE STREET RAILWAY
(Mar 15, 1916)