Alden Speares Sons Co. v. Boston & Maine Railroad

It can be found that the ordinary man with the defendants’ knowledge of the situation and its dangers would have done something more than they did to warn the plaintiffs’ employees of the approach of the train, and that but for their failure in this respect the accident would not have happened. The defendants’ exception therefore must be overruled if it can be found that the men in charge of the truck were free from fault. The evidence relevant to that issue tends to prove that there were two men with the truck, and that when it was one hundred or more feet from the crossing, the driver…