Eisenhauer v. Boston & Maine Railroad

This is an action of tort brought to recover damages for injuries sustained by the plaintiff on February 1, 1932, when his automobile, which he was driving, was struck by a railroad train operated by the defendant. The accident happened on Westview Street, a public high*441way in Bedford, Massachusetts, where the railroad crosses the street at grade. The plaintiff’s declaration, as amended, is in five counts: The first count alleges negligent operation by the defendant of a locomotive and train; the second, failure of the defendant to give the statutory signals required by G. L. (Ter. Ed.) c.…