Sutherland v. Caruso

This is an action of tort in which the plaintiff seeks to recover damages for personal injuries, received while he was driving a one-horse wagon across Atlantic Avenue in Boston. This avenue runs approximately north and south with a space for vehicles on either side, and in the center is an elevated structure beneath which are two tracks of the Union Freight Railroad. At the time of the accident two or more freight cars were standing on the westerly track and almost on a line with India Street, which terminates at the westerly side of Atlantic Avenue. The plaintiff drove out of India Street,…