Minihan v. Boston Elevated Railway Co.

This action is before us upon exceptions claimed by the defendant to the refusal by the trial judge to direct a verdict for the defendant. The plaintiff’s intestate was struck by a car of the defendant, and died from the injury received. The jury returned a verdict for the defendant upon a count which alleged conscious suffering, and for the plaintiff upon a count for causing the death.

No good purpose for discussing the details of the contradictory evidence appears. The defendant conceded that, if there was sufficient evidence that the intestate was injured at a paved crossing of the…