Bean v. Eastern Massachusetts Street Railway Co.

This is an action of tort to recover for the death of Joseph Young. It is contended that the intestate *207was struck by one of the defendant’s cars and received injm íes from which he died.

There was evidence that the accident happened in the town of Middleton on July 15, 1926, at about 9;15 o’clock at night. As the car approached a white pole designating a possible stopping place the motorman saw “the waving of the hand or arm straight up and down.” The car was then about ninety feet from the white post. There was evidence that the emergency brake was applied when “the wave of the hand” was…