Shostack v. Boston Elevated Railway Co.

This is an action in tort in which the plaintiff seeks to recover for personal injuries alleged to have been received while a traveler, upon a public way by reason of the front wheel of the wagon in which he was driving, catching in a large hole in the street beside the car tracks of the defendant, tipping the wagon and throwing. the plaintiff to the ground.

Count 1 is for negligence of the defendant in not maintaining its tracks and the street adjacent thereto in a safe condition. Count. 2 is for maintaining a nuisance.

The answer is a general denial and contributory negligence.

*179At the trial…