Gallagher v. Massachusetts Bay Transportation Authority

The defendant public carrier seeks reversal of a finding for a plaintiff passenger who was assaulted and injured by another passenger as he was alighting fromarapid transit train at the Field’s Corner Station on the defendant’s Red line. The appellant argues three issues before us: (1) the “weight of the evidence” offered by the plaintiff was insufficient to sustain his burden of proof, (2) the trial judge committed error in the way he handled a number of the defendant’s requests for rulings; and (3) the damage award of $45,000 was error where the plaintiff presented no medical evidence.

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