Vahey v. Boston Elevated Railway Co.

This is an action of tort for personal injuries, and, the plaintiff having obtained a verdict, the case is here on the defendant’s exceptions to the refusal of the trial judge to rule that “Upon all the evidence the plaintiff cannot recover;” that “There is no sufficient evidence of negligence on the part of the defendant’s motorman, and the jury are hereby directed to return a verdict for the defendant;” that “If the jury should find that the plaintiff had a firm hold of some part of the car and the lurch was of such a nature as to break such hold, such facts so found would not warrant the…