LUMMUS, J.
The evidence for the plaintiff in this action of tort for negligence was in substance as follows. Late in the afternoon of August 20, 1948, the plaintiff with other members of her family became a passenger on the defendant's steamboat to go from Nantasket to Boston. It is unquestioned that the defendant was a common carrier of passengers. The plaintiff and her companions found seats on benches fastened to the boat on the upper deck, near a funnel. Many...
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