Lane v. Meserve

The defendant appeals from a judgment entered on a jury verdict awarding $200,000 damages to the plaintiff pursuant to G. L. c. 229, § 2 (see note 5, infra), on account of the death of Kevin Lane (Lane), the plaintiff’s decedent. We reverse because there was error in the judge’s charge.

Lane, a nineteen year old student, died when he fell beneath the wheels of a passenger train operated by the defendant as Lane was attempting to reboard the train as it left the Montserrat Street station in Beverly. He had taken the train at Boston after attending a rock concert. Because of his behavior 2 he…