Haroutunian v. Boston & Maine Corp.

* Durkin, J.

This is an action of tort brought by the owner of a motor vehicle, seeking recovery for the damage to the vehicle resulting from alleged negligence of the defendant’s agent in operating a railroad train at a grade crossing in Waltham. The case is here on a report following a finding for the plaintiff. The defendant claims to be aggrieved by the action of the judge in denying the defendant’s requests for rulings numbered 2, 3 and 4. Requests numbers 2 and 3, in particular, raise the question of the sufficiency of the evidence to warrant a finding of negligence.

A summary of the…