Hayes v. Boston Elevated Railway Co.

This is an action of tort for the death of the plaintiff’s intestate, not a passenger, alleged to have been caused by the negligence of the defendant. In order to recover, there must be affirmative proof that the decedent was actually looking out for his personal safety at the time he was injured, and so was in the exercise of due care within the meaning of these words in St. 1906, c. 463, Part I, § 63, as amended by St. 1907, c. 392, § 1. McCue v. Boston Elevated Railway, 221 Mass. 432. Gaffney v. Bay State Street Railway, 221 Mass. 457. Raymond v. Worcester Consolidated Street Railway, 222…