Berry v. Boston Elevated Railway Co.

We are of opinion that the ruling that the plaintiff could not recover was right. The plaintiff was a policeman who at a quarter past three in the morning was called by a conductor of a car in the employ of the defendant. The conductor at the time he spoke was standing in the doorway of an old horse car, the only use of which was to afford a shelter for conductors while off duty. One end of the car and the windows were boarded up. The other end had still a platform, in which was a hole that had been there for some time. The policeman was in the street when called by the conductor, who said to…