City of Boston v. Boston Elevated Railway Co.

This is an action to recover of the defendant the amount of a judgment obtained by one Findlay against the plaintiff for a defect in Eliot Street, a public highway in Boston, caused by a depression in the pavement between the two tracks of the defendant company outside the rails of the northerly track but within a line drawn parallel with the ends of the sleepers upon which said rails rested. The rails were laid on wooden beams which rested on sleepers embedded in the street. The ties extended outside the rails on each side from eight and one half to ten inches. Eliot Street in the vicinity…