Boston Elevated Ry. Co. v. Smith

COLT, Circuit Judge.

This is an action of tort to recover damages for personal injuries. The plaintiff was a passenger on an electric street car operated by the defendant. She had just boarded the car, when, upon the sudden movement of the car in starting, she fell upon the floor, inflicting the injuries complained of. The jury returned a verdict for the plaintiff.

At the close of the evidence the defendant requested the court to rule as follows:

“(1) Upon all the evidence in the case the plaintiff is not entitled to recover.

“(2) There is no evidence in this case sufficient to warrant the jury…