Pierce v. New York, New Haven & Hartford Railroad

This is an action of tort at common law to recover compensation for damage to the plaintiff’s motor truck resulting from a collision with a railroad car alleged to have been negligently operated by the defendant. The collision occurred in the afternoon of May 16, 1947, on the premises of the Boston Sand & Gravel Company in the Dorchester district of Boston, at a point where a side or spur track of the defendant entered from the north. The defendant was backing into the premises a “cement” car of the “hopper-bottom ” type to deliver a load of cement. An employee of the plaintiff had driven the…