Kenney v. Boston Elevated Railway Co.

After a verdict for the plaintiff in an action under G. L. (Ter. Ed.) c. 229, § 3, for negligently causing the death of Michael F. Kenney, the trial judge reserved leave under G. L. (Ter. Ed.) c. 231, § 120, and ordered entered a verdict for the defendant, subject to the plaintiff’s exception. Under the statute, the plaintiff had to prove *616that the death was caused by negligence of the defendant or its servants, and could not recover if the defendant should prove contributory negligence on the part of the deceased. G. L. (Ter. Ed.) c. 231, § 85. The only question is whether there was evidence…