Lydon v. Boston Elevated Railway Co.

The jury returned a verdict for the plaintiff on the death count in the declaration (G. L. [)Ter. Ed.] c. 229, § 3), the count for conscious suffering having been waived. Under leave reserved the trial judge allowed the defend*206ant’s motion for entry of verdict, and the plaintiff’s exception to this allowance presents the only question.

It is undisputed that at about 5:41 in the afternoon of November 16, 1936, the plaintiff’s intestate, as he was crossing Dorchester Street in South Boston from north to south, was struck by the front left hand corner of one of the defendant’s street cars when he…