Gallagher v. Montpelier & Wells River Railroad

The plaintiff seeks to recover for injuries that she sustained when an automobile owned and operated by her brother, and in which she was riding at the time, ran into a freight train of defendant’s at a grade crossing about two miles southerly of Montpelier on the highway leading from that place to East Montpelier known as the "Roosevelt Trail.” At the' close of plaintiff’s evidence, the court, on motion of defendant, directed a verdict in its favor solely on the ground that actionable negligence on its part did not appear, to which plaintiff excepted. This exception presents the first…