Jones v. Boston & Maine Railroad

The plaintiff’s claims of negligence may be summarized as follows: (1) failure to provide an automatic signal at the crossing; (2) excessive speed of the train; (3) the conduct of the engineer, (a) in failing to give a warning signal after he saw the truck, (b) in failing to use sand when the emergency brake was applied.

In plaintiff’s brief a further suggestion is made that it might be found that the brakes were not applied at all until after the collision took place. The only evidence referred to as tending to sustain this claim is that of a passenger in one of the cars who testified that he…