Massachusetts Supreme Judicial Court March 29, 1963 (Brown v. Metropolitan Transit Authority)

*637

Spalding, J.

This action of tort is here for the second time, 341 Mass. 690. When the case was here before, it had been tried to an auditor (facts not final) and thereafter to a jury. The declaration contains two counts. The first count alleges that the plaintiff was a passenger in the defendant’s bus and was injured due to the defendant’s negligence in its operation.