Copithorn v. Boston & Maine Railroad

This case comes here after a second trial, the plaintiff’s exceptions, taken at the first trial, having been sustained. See Copithorn v. Boston & Maine Railroad, 301 *364Mass. 510. The jury returned a verdict for the plaintiff. It is unnecessary to review the evidence in detail except in so far as it relates to the defendant’s exceptions.

1. The automobile that the plaintiff was operating was in collision with the engine of the defendant’s' train at a public grade crossing in New Hampshire. The plaintiff, in direct examination, testified that in his opinion the speed of the train was thirty to…