Pollock v. Eastern Railroad

This is an action of tort, in which the writ is dated in August, 1877. The declaration alleges in substance that in October, 1874, the defendant corporation was managing a rail road which crossed a certain highway at grade, and had been accustomed and was bound to keep a flagman at the crossing to warn travellers on the highway of the approach of trains on the railroad; that he was driving on the highway, and, because there was no flagman at the crossing, had no reason to suppose a train ' was approaching, and therefore drove near to the crossing, with due care; and the defendant’s train…