Hebert v. Massachusetts Bay Transportation Authority

This is an action of tort to recover damages for injuries sustained by the plaintiff when he was struck by a streetcar operated by the individual defendant. The case is before us on the plaintiffs exceptions to: (1) the allowance of the defendants’ motion for directed verdicts; (2) certain evidentiary rulings; and (3) the denial of the plaintiffs motion for a new trial.

From the evidence, viewed in the light most favorable to the plaintiff, it could be found that on the evening of November 24, 1967, the plaintiff parked his car on Beacon Street east of the Kent Street intersection, along the…