Livermore v. Fitchburg Railroad

This is an action in two counts, under Pub. Sts.

c. 112, §§ 212, 213, to recover damages for causing the death of the plaintiff’s intestate by running him down at a crossing. To recover under § 212 it must be shown that the deceased was in the exercise of due diligence. To recover under § 213 it must be shown that the defendant neglected to sound its whistle or to ring its bell, as required by § 163 as amended by St. 1890, c. 173, § 1. Tyler v. Old Colony Railroad, 157 Mass. 336, 340. There was no evidence of either fact. The only evidence as to the bell is given by one witness, Harding, who…