Fitzgerald v. Boston Elevated Ry. Co‪.‬

FIELD, J. This is an action of tort to recover damages for personal injuries. There was evidence that one of the defendant's cars, which had just come from the car barn, had stopped at Harvard square, Cambridge, to take on passengers, and was standing there with its rear door open and the lower step down, and that the plaintiff, a teacher on her way to school, entering this car with her hand on the bar, was stepping from the lower step to the rear platform of the car when the step folded up, threw her upon the platform and injured her. There was no direct evidence of the cause of the step's folding up.