Gilmore v. Boston & Maine Railroad

This is an action of tort by the operator of an automobile to recover compensation for personal injuries and property damage arising from a collision between his automobile and the locomotive of a moving passenger train *304of the defendant, at a grade crossing on a highway in Worcester known as Lincoln Square, on January 1, 1933. The plaintiff’s declaration was in five counts. The first count alleged negligence of the defendant in the management of its locomotive and train; the second count alleged failure of the defendant to give the statutory signal specified by G. L. (Ter. Ed.) c. 160, § 138;…