O'Neill v. Boston Elevated Railway Co.

This is an action of tort by a passenger to recover compensation for personal injuries received while riding upon a car of the defendant. There are two counts in the plaintiff’s declaration. It is alleged in the first count that the plaintiff slipped by reason of the negligence of the defendant in allowing a greatly discolored portion of an apple to remain in the aisle of the car. The only evidence tending to support this allegation was the testimony of the plaintiff to this effect: “ I got on the car at the corner of Washington Street and Columbia Road ... I took a seat *363and I was nearing…