Bursiel v. Boston & Maine Railroad

The defendant’s motion for a nonsuit should have been granted.

The plaintiff was forty-six years of age. There is no evidence that he was not endowed with average intelligence and possessed of all his senses.

For ten years he had been coming to this station to get milk off the trains, “any time from half past seven in the morning until five o’clock at night.” He must have had some conception of the frequency with which the main and only tracks through the city at this point were in use. The plaintiff knew all the conditions that impeded his view or interfered with his hearing approaching…