Walsh v. Boston Elevated Railway Co.

The plaintiff was injured when he was struck by an inbound car of the defendant, which had come from the Fields Corner car house yard, and was caught between that car and an outbound car standing upon the straight rails on Dorchester Avenue not far from the point of the switch to the car yard. The testimony of the plaintiff cannot be reconciled with that of the other witnesses of the accident. After the recording of a verdict for the plaintiff subject to leave reserved under G. L. c. 231, § 120, the judge ordered the entry of a verdict for the defendant; and the case is before us upon the…