Pagano v. Worcester Consolidated Street Railway Co.

This is an action of tort to recover for personal injuries incurred by the plaintiff on July 10, 1926, while engaged as a track laborer in the service of the defendant. At the close of the evidence for the plaintiff, on the written motion of the defendant, the trial judge directed a verdict in its favor. The case is here on the plaintiff’s exceptions to the directed verdict and to the exclusion of certain evidence.

In substance, counts one and two of the plaintiff’s declaration allege that the defendant failed to furnish the plaintiff with a suitable and safe place in which to perform his…