Libby v. New York, New Haven & Hartford Railroad

These are actions of tort to recover for the death of the plaintiff’s intestate in each case and for the conscious suffering of the intestate in the second case, as the result of a collision between an automobile and a railroad motor car at a railroad crossing at grade on Hyannis Road, a public highway in Barnstable in this Commonwealth. The jury returned verdicts for the plaintiffs, and the cases are before us on exceptions saved by the defendant.

The railroad track at the crossing runs east and west and Hyannis Road runs north and south. The accident occurred about 9:15 p.m. on February 23,…