Poppel v. Boston Elevated Railway Co.

This is an action to recover compensation for the conscious suffering and death of Peter Van Poppel, the *393plaintiff’s intestate, as the result of injuries received by him when struck by one of the defendant’s cars at about 5 p.m. on February 23, 1923, in the Middlesex Fells Parkway, in the city of Medford.

Between Fulton Street on the south and Forest Street on the north the parkway runs approximately north and south, and consists of a traffic road on either side of a space planted with grass, shrubs and trees, through the center of which are located the defendant’s tracks. The space is about…