Eaton v. Fitchburg Railroad

The first count in the plaintiff’s declaration contains a general allegation that she was injured at a grade crossing while travelling in the highway, “ by reason of the carelessness and negligence of the agents and servants of the defendant.” It was admitted that the defendant corporation had never been requested by the selectmen, or ordered by the county commissioners or other persons having authority, to erect a gate or place a flagman at this crossing.

*365The judge ruled at the trial that, in passing on the question of the defendant’s negligence, it was competent for the jury, under-the…