Cantara v. Massachusetts Bay Transportation Authority

This is an action of tort seeking recovery for personal injuries sustained by the plaintiff while she was a passenger on a bus owned and operated by the defendant (MBTA). The jury returned a verdict for the plaintiff.

The defendant raises three contentions by its bill of exceptions. 1 It argues that the trial judge erred in denying the defendant’s motion for a directed verdict at the conclusion of the evidence, first because there was insufficient evidence to warrant a finding of negligence, and second, because there was a fatal variance between the pleadings and the proof. The third…