Jennings v. Boston & Maine Railroad

Although both the railroad and the box company were named as defendants, the record plainly indicates that the case was tried by the plaintiff primarily as an action against the railroad, and in an effort to fasten liability upon that defendant by showing an unusual operation of the train, the plaintiff described in detail the usual method of shifting cars. He thus asserted a very considerable familiarity with that subject. The verdict against him was fully justified by the evidence of his own lack of due care.

Having failed to charge the railroad upon the strength of the knowledge which he…