Unterberg v. Boston Elevated Railway Co.

The plaintiff alleged that, in alighting from one of the defendant’s cars, she was injured by reason of the negligence of the defendant in suddenly starting the car. The jury found for the defendant. The case is before us on the plaintiff’s exceptions to the exclusion and admission of certain evidence.

The plaintiff was injured March 3, 1925. At the trial she was asked if, on the night before the day of the trial, she had noticed whether the step of the defendant’s car “as it came down . . . went out over the curb.” On the objection of the defendant this evidence was excluded. The exclusion…