Caswell v. Boston Elevated Railway Co.

This is an action, brought under the R. L. c. Ill, § 267, to recover damages for the death of the plaintiff’s intestate. To recover under this section a plaintiff must show that the death was caused either by the negligence of the corporation, or the unfitness or gross negligence of its agents or servants while engaged in its business. In this case the death was caused by a collision between a covered milk wagon, which the plaintiff’s intestate was driving, and a car of the defendant in which coal was being transported. It occurred at about half past four o’clock in the morning of May 2,1901,…