Follett v. Boston & Maine Railroad

This is an action of tort to recover for the death of the plaintiff’s intestate, as the result of alleged negligent operation of' a train of the defendant, which struck a motor truck driven by the intestate as it was proceeding over a railroad crossing at Vernon in the State of Vermont. (See Vermont P. L. §§ 2859, 2860.) The case was tried to a jury and at the close of the evidence the judge allowed the defendant’s motion for a directed verdict, subject to the plaintiff’s exception.

There was evidence to warrant a finding of the following facts. The train involved was owned and operated by the…