Dolphin v. Worcester Consolidated Street Railway Co.

[After the foregoing statement of the case.] 1. The judge was right in refusing to give the first and second rulings asked for. There was no evidence of negligence on the part of the corporation. The plaintiff’s argument here is that the injury would not have happened as he claimed it happened if the railing had been down. That may be conceded. But that is not the question. The question is whether it was negligence on the part of the corporation to have failed to adopt a rule requiring the railing on that side of the car which is on the outer side of the curve to be put down when one of…