Carbone v. Boston & Maine Railroad

The defendant seasonably moved for nonsuits and directed verdicts in both cases. These motions were denied and the defendant excepted. In support of these exceptions it is now argued: 1. That “there was no evidence from which the jury could reasonably have found that the defendant was negligent”; 2. That the “plaintiff Dion was negligent as a matter of law.” Both of these arguments are without merit.

The accident happened May 25, 1934, at about half past nine in the evening, upon a grade crossing in the city of Concord, where a highway known as Sewall’s Falls Road crosses the defendant’s…