O'LEARY v. METROPOLITAN TRANSIT AUTHORITY


339 Mass. 328 (1959)

159 N.E.2d 91

JESSIE O'LEARY, administratrix, vs. METROPOLITAN TRANSIT AUTHORITY.

Supreme Judicial Court of Massachusetts, Suffolk.

June 3, 1959.


Attorney(s) appearing for the Case

Timothy J. McInerney, (Daniel J. Boyle with him,) for the plaintiff.

Claude R. Branch, (Jerome E. Andrews, Jr., with him,) for the defendant.

Present: WILKINS, C.J., RONAN, COUNIHAN, WHITTEMORE, & CUTTER, JJ.


WHITTEMORE, J.

The plaintiff brought an action to recover for the death of her intestate (hereinafter called the passenger). These are the plaintiff's exceptions to the action of the judge under leave reserved in setting aside a verdict for the plaintiff under the two counts which remained in the case, counts 1 and 3, and the defendant's exceptions to rulings on the admission of evidence.

On the evidence the jury could have found these facts: The passenger...

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