S. E. Rand Transportation Co. v. Boston & Maine Railroad

This is an action of tort to recover for damages to the plaintiff’s automobile truck and the load of merchandise thereon. The accident occurred on December 6, 1926, at about 7:25 p.m., as the result of a collision between the truck and a Boston bound train consisting of a locomotive, two passenger coaches, a combination car containing both a smoking and a baggage compartment, and a baggage car, while the truck was stalled on a grade crossing of the tracks of the defendant over the Newburyport Turnpike in the town of Newbury.

At the close of the evidence the defendant filed a motion that a…