Lenihan v. Boston & Maine Railroad

This is an action to recover for the conscious suffering and death of the plaintiff’s intestate, Michael Lenihan, who was three years and six months old when he *30was killed by a train of the defendant on a highway grade crossing.

In the first count the plaintiff alleged, in effect, that the intestate, while travelling on the highway, crossing the defendant’s tracks, was struck and killed by the engine and .cars of the defendant, by reason of its negligence in operating the railroad and by reason of the carelessness of the defendant’s servants while engaged in its business. The second count is…