Pooles v. Boston & Maine Railroad

The plaintiff’s intestate was killed and his automobile was demolished when the automobile which he was driving was struck by a train about five o’clock on the afternoon of February 3, 1947, while he was driving in a southerly direction along Phelps Crossing, a private way in Ayer. The train was travelling in a westerly direction. The jury returned verdicts for the death and property damage. The case is here upon the exception of the defendant *166to the denial of its motion to enter verdicts for it under leave reserved.

Phelps Crossing was a short dead end way which ran in a southerly direction…