Barakat v. Trustees of New York, New Haven & Hartford Railroad

The defendants’ exceptions present the question whether there was any evidence to support the verdict against them under G. L. (Ter. Ed.) c. 229, § 3, for negligently causing the death of a passenger.

We are of the opinion that there was no substantial evidence that the death of the plaintiff’s intestate was caused by negligence of the defendants, even if we assume that the plaintiff’s intestate was in truth a passenger so as to subject *497the defendants to the supposedly somewhat stricter formula commonly employed to express the standard of care owed by a common carrier to its passenger. Gardner…