Creeley v. Boston & Maine Railroad

This is an action of tort to recover for damages resulting from a collision between an engine of the defendant and a Ford coupe in which the plaintiff was riding, at the Summer Street grade crossing, in Maynard, on December 13, 1923, at about 8:15 p.m. It was admitted that Summer Street was a public highway. The plaintiff’s amended declaration states his cause of action in three counts, in substance, (1) Failure of the defendant to give the statutory signal provided for in G. L. c. 160, § 138; (2) Careless operation of the engine and fine of railway by the defendant; that *530no flagman nor gate…