GALLAGHER v. MASSACHUSETTS BAY TRANSIT AUTH.


1993 Mass. App. Div. 9 (1993)

Eugene Gallagher vs. Massachusetts Bay Transit Authority

Massachusetts Appellate Division, Southern District.

January 21, 1993.


Attorney(s) appearing for the Case

Judith A. Foster for the plaintiff.

Jonathan P. Feltner for the defendant.

Present: Dolan, P.J., Hurley & Welsh, JJ.


Welsh, J.

This is an action sounding in tort, in which plaintiff seeks compensation for injuries sustained on December 17, 1984 as a result of an assault and battery by another passenger occurring on one of defendant's rapid transit trains in the vicinity of the Field's Corner Station.

The answer denied liability and asserted that the intervening acts of a third person were the cause of plaintiff's injury.

The case was originally tried in the Quincy...

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