Reynolds v. Boston Elevated Railway Co.

The plaintiff, Mary Reynolds, was injured while crossing a trench which had been dug in Stoughton Street, Boston, in the work of relaying tracks of the defendant. A rail which was being handled by workmen of the defendant rolled upon her foot. The defendant had a permit to open the street in the form usual for such permits under *182the ordinances of the city of Boston, c. 28, § 9, and c. 3, § 21, then in force.

No notice of the time, place and cause of the injury, such as is called for by the statutes now embodied in G. L. c. 161, § 89, was given before the suit was brought.

At the trial the judge…