Smallwood v. Boston Elevated Railway Co.

These are two actions of tort, one to recover for the conscious suffering, and the other for the death, of the plaintiff’s intestate, Joseph B. Smallwood, who was struck by an electric car of the defendant on December 17, 1909, and died five days later as the result of injuries so received. He was over eighty years of age and very deaf; but there was no evidence to show that his eyesight was impaired or that he was suffering from any other disability.

The accident occurred on Seventh Street, between D and E Streets in South Boston, shortly after eight o’clock in the morning. At this time and…