Koerber v. Boston Terminal Co.

This is an action of tort seeking to recover for personal injuries sustained by reason of the alleged negligence of the defendant in maintaining the passageway in the South Station maintained by the defendant and leading from the train of the New York, New Haven and Hartford Railroad from which the plaintiff, a passenger, had alighted. The answer was a general denial, contributory negligence of the plaintiff, and, also, set up- the defense that the plaintiff’s injuries were caused by acts of third persons for whose conduct the defendant was not responsible.

The court made a special finding…