COUNIHAN, J.
This is an action of tort for personal injuries arising out of a collision between an automobile which the plaintiff was operating and a locomotive of the defendants and in their control which was standing on East First Street, a public highway in that part of Boston called South Boston. The accident happened on April 9, 1945, at about 4:20 A.M. The action was tried to a jury who returned a verdict for the plaintiff on count 1 of the plaintiff's declaration...
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