Kane v. Boston Elevated Railway Co.

The plaintiff’s intestate, Daniel Kane, who was a street sweeper in the employ of'the city of Cambridge, was struck by an electric car of the defendant on Bridge Street in Cambridge on August 27, 1902, shortly after ten o’clock in the evening, and received injuries from which he died a few hours later. This action is brought under R. L. c. Ill, § 267, (now St. 1906, c. 463, Part I, § 63,) to recover for his death.* The first count of the *595declaration alleges gross negligence on the part of the defendant, its servants and agents. St. 1907, c. 392, which has stricken out the word “gross” in R.…