247 Mass. 44 | Mass. | 1923
On the testimony, these are the facts. The plaintiff boarded a small box car of the defendant, and stood on the rear platform, as the seats and aisle were occupied. The car stopped to allow two passengers to alight; whereupon the plaintiff stepped partially down to let them pass, having one foot on the ground and one on the step, with his right hand holding the grab rail. The end of the trolley rope was tied to this rail, but the plaintiff did not notice it. The car again started in response to the conductor’s signal; and, while the plaintiff was stepping to the platform and still holding the grab rail, the car came to a switch of a temporary crossover, when the trolley jumped from the wire and the slack of the trolley rope wound around his hand and fingers, causing'the injuries complained of. The only question presented is whether there was evidence of negligence on the part of the defendant entitling the plaintiff to go to the jury.
Exceptions sustained.