Manseau v. Boston & Maine Railroad

The basic claims of the defendant are that there was no evidence to submit to the jury, first, that the train struck the wagon; second, that the speed of the train was improper or that it or any other negligence of the railroad was causal; and finally, that the plaintiff’s contributory negligence was established as a matter of law.

The first two contentions require no extended consideration. The position of Tibbett’s body, of the wagon spokes and meal, the absence of any hoof prints or marks between the crossing and the decedent’s body together with other findable circumstances warranted, if…