May v. Boston & Maine Railroad

The defendant, recognizing that there was evidence of its negligence, contends that the denial of its motion for a directed verdict was nevertheless error for the reason that the plaintiff was careless as a matter of law. The carelessness asserted is that the plaintiff drove his automobile onto the defendant’s tracks at the Sherman Street grade crossing in North Cambridge into the path of an oncoming train. The accident happened shortly after 7:30 p.m., November 23, 1955, on a misty, rainy evening. The plaintiff on his testimony was homeward bound from his place of employment. As he…