BERGER v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY


355 Mass. 695 (1969)

246 N.E.2d 665

FANNIE BERGER vs. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY.

Supreme Judicial Court of Massachusetts, Suffolk.

April 16, 1969.


Attorney(s) appearing for the Case

Edward U. Lee for the defendant.

Robert W. Cornell, for the plaintiff, submitted a brief.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, KIRK, & REARDON, JJ.


REARDON, J.

The plaintiff in this action of tort seeks recovery for injuries allegedly sustained by her as a result of the jerking in starting and stopping of a street car in which she was a passenger. Her testimony was that she boarded the street car and with a one dollar bill in one hand rested the other on a coin box. The car, which was being operated in a reservation on Beacon Street, Brookline, started off with a jerk and "she was jerked all around the place...

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