Morris v. Boston & Maine Railroad

Accepting the plaintiff’s statement of the facts as true, it is clear that the collision would not have occurred if he had not stopped his car in the way of the oncoming train. If he is bound by his testimony, and if it conclusively appears therefrom that he was negligent in the placement of the car in the way of the train, the negligence of the defendant’s servants prior to his act in bringing the car to a stop is immaterial.

One of the vital facts in issue between the parties at the trial was whether the automobile was in motion or at rest when struck by the locomotive. The plaintiff…