Solomon v. Boston Elevated Railway Co.

This is an action of tort. The declaration is in two counts. The first alleges that the plaintiff’s intestate, while a passenger upon the defendant’s railway on September 10, 1922, was injured by reason of the defendant’s negligence. The second count alleges that, as the result of such injuries received by reason of the negligence *140of the defendant set forth in the first count, the plaintiff’s intestate died. This count was waived in the Superior Court after the plaintiff’s opening and before the introduction of any evidence.

There was evidence tending to show that the intestate and his son…