(Download) "Smith v. Boston Elevated Ry" by Supreme Judicial Court of Massachusetts " Book PDF Kindle ePub Free
eBook details
- Title: Smith v. Boston Elevated Ry
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 01, 1939
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
DOLAN, Justice. This is an action of tort to recover compensation for personal injuries sustained by the plaintiff. The case was tried to a jury and at the close of the plaintiff's evidence the Judge allowed the defendant's motion for a directed verdict, and reported the case for the determination of this court upon a stipulation that if his action was right judgment is to be entered on the verdict, and otherwise that judgment is to be entered for the plaintiff in the sum of $3,750. The evidence in its aspects most favorable to the plaintiff would have warranted the jury in finding the following facts: The accident occurred on June 6, 1934, on Commonwealth Avenue in Boston. At the locus involved the avenue, which runs in general, east and west, is divided into two roadways by a grass plot. The upper or northerly roadway is thirty feet wide, the southerly roadway is fifty feet wide, and the grass plot is ninety-five feet wide. Near the southerly edge of the grass plot are tracks of the defendant. On the northerly tracks the defendant's cars outbound from Boston proceed in a westerly direction; on the southerly tracks its cars, inbound to Boston, proceed in an easterly direction. The distance between the rails of each track is four feet, eight and one half inches; between the tracks is a space called the 'dummy' which is eight feet, four inches wide. From west to east near the point of collision there is an upgrade of about five and one half per cent.