Clark v. Boston & Maine Railroad

I. By reason of the decision in the former transfer of the case, the retrial now considered was confined, in respect to liability, to the issue of the last clear chance.

The defendant asserts that the evidence furnishes no support for a finding that the chance existed. This depends upon the time available for “saving action” after the plaintiff came into the fireman’s view. The fireman testified that this view was “As near as I can estimate, just coming off the crossing, that is, the cab of the engine would be on the south edge of the Bridge Street crossing.” The engineer’s testimony was that…