Jones v. Boston & Northern Street Railway Co.

This was an action of tort under St. 1907, c. 392, to recover damages for the death of the plaintiff’s intestate while riding as a passenger in one of the defendant’s cars, the accident causing the death being due to the negligence of a servant of the defendant.

At the trial the defendant offered to show by the testimony of the motorman of the car that during the twelve years in which he had operated a car upon the defendant’s line, the intestate had been a constant patron of the defendant; that he rode almost every day; that he always rode upon the front platform even when there was plenty of…