Phillips v. Boston & Maine Railroad

1. The grounds upon which the plaintiffs seek recovery are (1) the negligent failure of the defendant’s enginemen, upon approaching the crossing, to give the statutory signals, by whistle and bell (P. S.,c. 159, s. 6), and (2) the negligence of the defendant in per mitting.growth upon its right of way to obstruct a traveler’s view (P. S., c. 159, s. 1).

The plaintiffs sought to establish the defendant’s failure to blow the whistle at the whistling post by the testimony of the driver of the automobile and of five other witnesses. The defendant, on the other hand, produced several witnesses,…