Griswold v. Boston & Maine Railroad

This is an action for damages under St. 1906, c. 463, Part I, § 63, as amended by St. 1907, c. 392, for causing the death of Elmer E. Griswold, the plaintiff’s intestate; and the exceptions raise the questions whether there was evidence for the jury of his due care and of the defendant’s negligence.*

There was evidence from which the jury could and presumably did find the following facts: On the morning of the day of the accident the intestate and a teamster were sent by their employer, the F. E. Powers Company, to unload a car containing a consignment of bricks. It was an ordinary open…