Rohthstein v. Boston & Maine Railroad

This is an action of tort brought by the plaintiff, as administrator of the estate of George Rohth-stein, to recover damages for the death of his intestate, who was instantly killed on September 18, 1930, at a grade crossing in Newbury, in this Commonwealth, when an automobile truck driven by the intestate and a passenger train of the defendant were in collision.

The plaintiff's amended declaration contains two counts. Count 1 is brought under G. L. c. 160, §§ 138, 232, and alleges in substance that the defendant by its servants neglected to ring a bell or sound a steam whistle upon the engine…