Grimshaw v. Rutland Railroad

Kiley, J.:

In this case the plaintiff could not go over a crossing at the same time defendant’s train was passing, consequently there was a collision. The plaintiff was in the taxi business. He lived about four and one-half miles from this crossing. On the 14th day of July, 1922, he was returning from Mooers, or Mooers Junction, to his home at Champlain; he had taken a passenger to Mooers with a five-passenger Buick automobile and was returning alone. He was going in a northeasterly direction toward the crossing, at grade, of defendant’s railroad. The tracks of defendant’s railroad cross the…