Rich v. Boston Elevated Railway Co.

The female plaintiff, a passenger, hereinafter called the plaintiff, sues in tort for injuries sustained in a subway station by reason of being knocked down by children whom the defendant, it is alleged, had “negligently permitted to play on the platform unheeded and unchecked for a considerable period of time.” Her husband sues in tort for consequential damages. At the conclusion of the evidence the judge granted the defendant’s motion for a directed verdict in each case.

The plaintiff was the only one to testify on her own behalf. • On March 7, 1941, she rode on an elevated train from Boston…