Kelly v. Boston & Maine Railroad

This is an action of tort for personal injuries sustained by the plaintiff through the allegedly negligent movement of a train owned by the defendant and operated by it on a side track in Winchester belonging to the plaintiff’s employer. The jury returned a verdict for the plaintiff. The defendant’s exceptions relate to the admission of evidence, to the denial of its motion for a directed verdict, and to the charge.

The jury could have found the following facts: ' On May 24, 1943, the plaintiff was employed by the General Crushed Stone Company, for which he had worked six or seven years. His…