Gallagher v. Massachusetts Bay Transit Authority

This is an action sounding in tort, in which plaintiff seeks compensation for injuries sustained on December 17, 1984 as a result of an assault and battery by another passenger occurring on one of defendanf s rapid transit trains in the vicinity of the Field’s Corner Station.

The answer denied liability and asserted that the intervening acts of a third person were the cause of plaintiffs injury.

The case was originally tried in the Quincy District Court on January 18,1989. The trial judge found for the plaintiff in the sum of $45,000.00. An appeal to the Appellate Division resulted in a remand…