Gove v. Boston & Maine Railroad

The intestate, at half past seven on a clear cold morning in January, 1939, was operating a small truck towing another automobile over a grade crossing on River Street, a public way in North Adams, when the truck was struck by a locomotive and the intestate was fatally injured. The declaration in this action, to recover damages for his death, contained a count setting forth a cause of action under G. L. (Ter. Ed.) c. 229, § 3, alleging the negligence of the defendant, a second count based upon an alleged failure to give the statutory signals as required by G. L. (Ter. Ed.) c. 160, § 138, and…