George G. Fox Co. v. Boston & Northern Street Railway Co.

This action is for damages to property arising out of a collision of one of the defendant’s cars with a wagon *141owned by the plaintiff, at about 4.20 o’clock on the morning of January 12, 1908. The accident occurred on the main road, known as the Salem Turnpike, that runs between Boston and Lynn. The defendant’s location is on the westerly portion of the highway; and between it and that part of the street devoted to general travel there is a curbstone eight or ten inches in height, and a line of trolley poles.

There was evidence to warrant the finding of the following facts: The plaintiff’s…