McCoy v. Boston Elevated Railway Co.

This is an action of tort to recover damages for" the death of the plaintiff’s intestate, Robert G. McCoy, a boy four years and seven months old, who was struck and killed by one of the defendant’s cars on a public highway in Somerville. “ The plaintiff did not rely upon the custody of the parents, but solely upon the boy’s own care.” The case was submitted to the jury under instructions to which no exception was taken. The jury found for the plaintiff, and the case was reported to this court under the stipulation that if the plaintiff was entitled to go to the jury, judgment is to be entered…