Fitzgerald v. Boston & Maine Railroad

This is an action of tort to recover for property damage arising out of a collision between an automobile truck owned by the plaintiff and operated by one Hamel, his employee, and a locomotive of the defendant on a railroad crossing on Water Street, Northampton. After denial of a motion for a directed verdict for the defendant, the action was submitted to a jury who returned a verdict for the plaintiff, which the judge received under leave reserved. G. L. (Ter. Ed.) c. 231, § 120. Thereafter upon motion the judge entered a verdict for the defendant. The plaintiff excepted.

There are three…