Phinney v. Eastern Massachusetts Street Railway Co.

The plaintiff boarded a "one-man” street railway car of the defendant by way of the front door and *208was walking in the aisle toward a vacant seat when the car was started by its operator and the plaintiff was thrown to the floor. The trial judge after a verdict for the plaintiff directed the entry of a verdict for the defendant under leave reserved. G. L. (Ter. Ed.) c. 231, § 120.

It was not negligent for the operator to start after the plaintiff was within the body of the car and before she had reached a seat. Binder v. Boston Elevated Railway, 265 Mass. 589. Nor is the defendant liable if the…