Petrone v. New York Central Railroad

This is an action of tort to recover damages on account of being struck by a locomotive at a grade crossing over a public highway. The declaration contained two counts, the first based on the failure to give the statutory signals, G. L. (Ter. Ed.) c. 160, § 232, and the second setting forth a cause of action at common law. The jury *353found for the defendant on the first count and for the plaintiff on the second count. In answer to special questions submitted to them, the jury found that the defendant did not fail to give the statutory signals; that the gates were up when the plaintiff started…