Heaney v. Boston Elevated Railway Co.

This is an action of tort to recover damages for personal injury sustained by the plaintiff through the negligence of the defendant’s superintendent. * The plaintiff was a laborer, and for several months had worked for the defendant at picking, shovelling, and tamping ties. On the summer afternoon when the accident occurred, he was helping to put in some new work on a street in which the defendant had two tracks. One of these tracks only was in use, and he was working between the two in such a position that he was likely to be injured by any passing car if he did not get out of the way. He…