Rice v. Boston & Maine Railroad

This is an action of tort for personal injuries arising out of an accident on August 19, 1947, while the plaintiff was crossing on foot the tracks of the defendant at Spencer Street, Lynn. The plaintiff’s amended declara*480tian contains four counts. Counts 1 and 4 are based on failure to give signals as required by G. L. (Ter. Ed.) c. 160, § 138, as amended. Count 2 alleges negligence in the operation of the locomotive. Count 3 is based on negligence of the gate tender of the defendant. The case was tried to a jury. At the close of the plaintiff’s evidence the defendant rested and its motion for…