Hebert v. Boston & Maine Railroad

This case arises from the same accident that was considered in Lavallee v. Railroad, 89 N. H. 323, where it was said (at p. 325): “We are unable to discover in the evidence, however, any basis for finding that the failure of the engineer to give the crossing signals was the legal cause of the accident. Under ordinary conditions the driver of the truck would have had ample time and space in which to stop before reaching the track after he discovered the approach of the train [when he was 119 feet from the track]. It is plain that the efficient cause of the collision was the icy condition of…