Brown v. Boston & Maine Railroad

This action is brought under G. L. (Ter. Ed.) c. 229, § 3, to recover for the death of the plaintiff’s testator as the result of a locomotive of the defendant to which no train was attached striking an automobile which the deceased was driving over a grade crossing on Eames Road in Worcester. The declaration is based solely upon negligence of the defendant and is such as might have been filed in an action at common law if the plaintiff’s testator had lived. This is not an action for failure to give the statutory signals. G. L. (Ter. Ed.) c. 160, §§ 138, 232.

*91We think it unnecessary to discuss…