(DOWNLOAD) "Lydon v. Boston Elevated Ry" by Supreme Judicial Court of Massachusetts ~ eBook PDF Kindle ePub Free
eBook details
- Title: Lydon v. Boston Elevated Ry
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 28, 1941
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
COX, Justice. The jury returned a verdict for the plaintiff on the death count in the declaration, G.L.(Ter.Ed.) c. 229, § 3, the count for conscious suffering having been waived. Under leave reserved the trial Judge allowed the defendant's motion for entry of verdict, and the plaintiff's exception to this allowance presents the only question. It is undisputed that at about 5:41 in the afternoon of November 16, 1936, the plaintiff's intestate, as he was crossing Dorchester Street in South Boston from north to south, was struck by the front left-hand corner of one of the defendant's street cars when he was 'practically across the further inbound rail.' The night was clear and, apart from some question whether there might have been leaves on the track, the highway and rails were dry. The plaintiff introduced in evidence certain interrogatories propounded by her, and the defendant's answers thereto. Apart from the disclosure by these answers as to what happened, to which reference will be made later, the only witness who testified as to the movements of the deceased was the operator of the defendant's car, who was called as a witness by the plaintiff. The defendant contends, in the circumstances, that the plaintiff is bound by the answers to the interrogatories, and also by the testimony of the operator.