McTighe v. Union Freight Railroad

On April 26, 1927, at about 12:30 a.m. the plaintiff, while driving a motor vehicle along Atlantic Avenue, Boston, in a southerly direction, was injured by reason of a collision with a freight car forming part of a train of cars operated by the defendant. The case is in this court on the defendant’s exceptions.

There was evidence that rain had fallen during the night, that the street was wet, that there was a fog and a slight mist in the locality. The plaintiff testified that before he came to Richmond Street he saw a truck which was stopped “ diagonally across the road so that he could not…