MAY v. BOSTON & MAINE RAILROAD


340 Mass. 609 (1960)

165 N.E.2d 910

RICHARD G. MAY vs. BOSTON AND MAINE RAILROAD.

Supreme Judicial Court of Massachusetts, Middlesex.

March 31, 1960.


Attorney(s) appearing for the Case

Lawrence R. Cohen, for the defendant.

John Landfield, (Arnold Felton & Philip E. Sage with him,) for the plaintiff.

Present: WILKINS, C.J., WILLIAMS, COUNIHAN, WHITTEMORE, & CUTTER, JJ.


WHITTEMORE, J.

The defendant, recognizing that there was evidence of its negligence, contends that the denial of its motion for a directed verdict was nevertheless error for the reason that the plaintiff was careless as a matter of law. The carelessness asserted is that the plaintiff drove his automobile onto the defendant's tracks at the Sherman Street grade crossing in North Cambridge into the path of an oncoming train. The accident happened shortly after 7:30 P...

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