Flaherty v. Massachusetts Bay Transportation Authority

This action in tort for negligence causing injuries and death to John F. Flaherty (Flaherty) is before us on the defendant’s exceptions to the denial of its motion for directed verdicts and to the judge’s instructions to the jury. There was evidence as follows. About 9 A.M. on February 17, 1967, Flaherty left the defendant’s Andrew Square station, crossed a six-foot wide public sidewalk, looked to his left and right, and began crossing Dorchester Avenue on a pedestrian crosswalk. When he was part way across the forty-eight-foot traveled way, he saw the defendant’s bus leave the station, turn…