Merrill v. Eastern Railroad

This is an action of tort, under the Pub. Sts. c. 112, § 212, alleging that the plaintiff’s intestate was a passenger upon a train of the defendant; and that, by reason of the defendant’s negligence and the gross carelessness of its servants, his life was lost. There are three specifications. First, that the train was overloaded and the life of the intestate lost, because, by reason of the insufficiency of its rules, the corporation failed *239to make proper provision for carrying passengers. Second, that the train was overloaded by the unfitness of the defendant’s servants. Third, that the…