Cooley v. Boston & Maine Railroad

The first action is by the administratrix of one Cooley to recover for his death while driving an automobile truck loaded with gravel over a private crossing of the defendant’s railroad in Weston. The plaintiffs allege that a collision between the truck and a train was caused by the negligence of the defendant. The second action is for property damage to the truck.

The cases come to us by report of the judge wherein it is stipulated that an auditor’s report previously filed in both actions “constitutes a case stated,” and that if the judge erred in entering judgment for the plaintiff in each…