Holmes v. New York Central Railroad

This action of tort arose from a collision of a truck driven by the plaintiff with the defendant’s engine at a grade crossing in Somerville. The case was tried to a jury which returned a verdict for the plaintiff. The verdict having been recorded under leave reserved, the judge, on motion, entered a verdict for the defendant. The plaintiff’s exception to this ruling presents the only question for decision.

Violation of law on the part of the plaintiff was pleaded by the defendant. The violation relied on is of G. L. (Ter. Ed.) c. 90, § 15, as amended, a penal statute, which provided at the…