Witherly v. Bangor & Aroostook Railroad

Dunn,-J.

Action by an automobilist to recover for personal injuries, and for damage to his car, from a grade crossing collision with a freight car. A verdict was ordered for the defendant. The plaintiff saved an exception.

On October 31,1929, about 11.30 o’clock, p.m., the night being dark but clear, plaintiff drove his automobile against an empty flat car, standing motionless across a highway, as part of a train.

The accident occurred at Dyer Brook, in proximity to the station and switching yards of the defendant.

Plaintiff alleged the defendant actionably negligent in failing to provide…