Topping v. Eastern Massachusetts Street Railway Co.

The plaintiff claimed damages because, while seated as a passenger in a street car of the defendant, she was struck in the head during an altercation which arose between her companion, seated beside her, and a drunken passenger.

It was Saturday night. The plaintiff and her companion took the car at Merrimack Square, Lowell. It was a “one-man” car, bound for an amusement park, and was crowded when it left the square. At the time of the alleged injury there were more than seventy passengers upon it with seats for but forty-four. Soon after leaving the square, it stopped and took on three…