Jordan v. Old Colony Street Railway Co.

This is an action for being run over by a car of the defendant railway company, shortly after eleven o’clock at night, while it was going from Dedham toward Hyde Park. *125The presiding judge ordered a verdict for the defendant on the conclusion of the plaintiff’s case, and the case is before us on the plaintiff’s exceptions.

The plaintiff’s evidence showed that the plaintiff had drawn his pay early in the evening in question, and had been drinking in various bar rooms from eight o’clock or thereabouts until eleven, when he took a car for home. He testified that he had had one glass of whiskey and…