GALLAGHER v. MASS. BAY TRANSP. AUTHORITY


1990 Mass. App. Div. 172 (1990)

Eugene Gallagher vs. Massachusetts Bay Transportation Authority

Massachusetts Appellate Division, Southern District.

September 28, 1990.


Attorney(s) appearing for the Case

Robert E. Barrett for the plaintiff.

Thomas J. Nicholas for the defendant.

Present: Dolan, P.J., Shubow & Lombardo, JJ.


Shubow, J.

The defendant public carrier seeks reversal of a finding for a plaintiff passenger who was assaulted and injured by another passenger as he was alighting from a rapid transit train at the Field's Corner Station on the defendant's Red Line. The appellant argues three issues before us: (1) the "weight of the evidence" offered by the plaintiff was insufficient to sustain his burden of proof; (2) the trial judge committed error in the way he handled a number...

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