Aldrich v. Concord & Montreal Railroad

Carpenter J.

The plaintiff was permitted to show that after the accident the defendants took out the switch by which, as he claimed, the derailment was caused, and put in another of a different kind. The evidence was received on the question whether the old switch was reasonably safe, and, it must be presumed, was considered by the jury.

Evidence of this character has heretofore been admitted in this state without objection. In actions upon the statute of highways, proof that by direction of the selectmen the defects or obstructions complained of were cured or removed shortly after the accident…