Sherman v. Metropolitan Transit Authority

Exceptions overruled. There was a verdict for the defendant (M. T. A.) in this action to recover for the death of the plaintiffs’ testator who was struck by an M. T. A. bus. The judge did not err in excluding the plaintiffs’ questions to the bus operator, called by the plaintiffs, about Ms alleged prior inconsistent statements to a motor vehicle *778registry inspector when an adequate foundation had not been established for such questions. Cf. Malloy v. Coldwater Seafood Corp. 338 Mass. 554, 567. The plaintiffs did not offer in evidence a report to M. T. A. by the bus operator allegedly…