Niemi v. Boston & Maine Railroad

The driver’s negligence is a required finding. As the plaintiffs’ car proceeded towards the crossing, the train approached it from the left. When about three rods from the nearest rail over the crossing the driver looked to the left. The train was then three hundred to three hundred fifty feet from the crossing. The evidence that the train was clearly within range of his sight appears definitely conclusive. The jury took a view and it is assumed that the photographs in evidence show the situation and conditions at the crossing. Their integrity has not been questioned or the statement that…