Smith v. Boston Elevated Railway Co.

This is an action of tort to recover compensation for personal injuries sustained by the plaintiff. The case was tried to a jury and at the close of the plaintiff’s evidence the judge allowed the defendant’s motion for a directed verdict, and reported the case for the determination of this court upon a stipulation that if his action was right judgment is to be entered on the verdict, and otherwise that judgment is to be entered for the plaintiff in the sum of $3,750.

The evidence in its aspects most favorable to the plaintiff would have warranted the jury in finding the following facts: The…