Reilly v. Boston Elevated Railway Co.

The questions in this case come before us upon exceptions taken at the hearing * upon the plaintiff’s motion for a new trial. The jury had returned a verdict for S3,000 in his favor, upon a declaration in an action of tort, for an injury received in a collision between one of the defendant’s cars and a cart, whereby the plaintiff, who was a passenger in the car, was suddenly moved forward, and, as he contended, was thrown down from his seat upon the floor of the car. † There was much dispute between the parties as to the extent of his injury and as to whether he was thrown upon the floor. At…