Davis v. Cain

In an action to recover damages for personal injuries sustained at a railroad crossing, the first count of the declaration alleges that when plaintiff in a motor vehicle was in the act of crossing the track of the defendant railroad company a train of defendant was so *20negligently and carelessly propelled that the same. was negligently and carelessly permitted to collide with the motor vehicle in which plaintiff was riding, by means whereof plaintiff was injurd.as alleged. In a second count it is alleged that the plaintiff being unaware of its approach, the train was carelessly and negligently…