Gregory v. James

This is an action for damages resulting from the instantaneous death of plaintiff’s intestate. He met his *454death, while riding as an employee of Maine Central Railroad Company, on a motor driven work car, as a result of a grade crossing collision with an automobile operated by the defendant. The action is based on the alleged negligence of the defendant.

The jury returned a verdict for the defendant and the case is before us on plaintiff’s general motion for a new trial.

One of the contentions of the defendant is that the case is not properly before us because of plaintiff’s failure to comply…