Mack v. Boston & Albany Railroad

This is an action of tort, for personal injuries sustained hy the plaintiff while travelling upon a public highway in the town of Adams, at a place where the highway crosses at grade a railroad operated by the defendant under a lease. The crossing was covered with planks. The plaintiff, who was driving at night in a carriage drawn by a span of horses, so guided his horses that the left forward wheel of his carriage did not touch the planks, but struck one of the rails of the railroad. This caused the wheel to break, the horses ran, and the plaintiff was thrown out and injured. We assume in…