Saltman v. Boston Elevated Railway Co.

This is an action of tort for injuries resulting from a collision between an electric car of the defendant coming up Brattle Street into Harvard Square in the city of Cambridge, and a wagon which the plaintiff was driving. The collision took place about two o’clock in the afternoon on October 25, 1900.

At the trial in the Superior Court, the judge declined to rule that there was no evidence of negligence on the part of the defendant, but instructed the jury, as matter of law, that the plaintiff was not in the exercise of due care, and that his lack of care contributed to the injury ; and…