Brown v. Metropolitan Transit Authority

This action of tort is here for the second time, 341 Mass. 690. When the case was here before, it had been tried to an auditor (facts not final) and thereafter to a jury. The declaration contains two counts. The first count alleges that the plaintiff was a passenger in the defendant’s bus and was injured due to the defendant’s negligence in its operation. The second count alleges that the defendant negligently permitted the station and premises to become defective and unsafe, and was negligent in their maintenance.

At the first trial the case was tried on the auditor’s report and other…