Smithell v. Murphy

Order dismissing report affirmed. This is an action of tort brought in the Municipal Court of the City of Boston to recover compensation for personal injuries sustained by the plaintiff as a result of being struck by a motor vehicle operated by the defendant on a public way. There was a finding for the plaintiff. A report to the Appellate Division was dismissed and the defendant appealed. There was evidence that the plaintiff at about 2 a.m. on November 27, 1940, alighted from a street car on the outbound track that had stopped almost opposite an intersecting street; that she walked in front…