McGrath v. Boston Elevated Railway Co.

This is an action of tort to recover damages for the conscious suffering and death of the plaintiff’s intestate, alleged to have been caused by the negligent operation of a street car of the defendant.

The intestate, who was seventy-five years of age at the time of the accident, with good eyesight and hearing, and with ability to move quickly, was injured when struck by an electric car as he was walking across Dorchester Avenue near the corner of Romsey Street, where he lived, and was in the act of passing over or had passed beyond the second rail of the inbound track on which the car was…