Sears v. Boston Elevated Railway Co.

This is an action of tort to recover for the death and ■ conscious suffering of the plaintiff’s intestate, resulting from an accident which occurred on September 28, 1937, when he was struck by one of the defendant’s cars as he was crossing Beacon Street, a public highway in Brookline. The answer was a general denial and an allegation of lack of due care of the intestate. The plaintiff waived counts for wanton and reckless conduct of the defendant. The jury returned verdicts for the plaintiff upon counts based upon the negligence of the defendant but the judge, under leave reserved, and…