Bolger v. Boston & Maine Railroad

The commission’s finding that the crossing is more dangerous than the southerly one is sustained. If this ground of appeal has not been abandoned, it is enough to say that an examination of the evidence confirms the finding.

The findings that there was no contention that the crossing had been used under a claim of right and that the decedent by bringing the petition admitted the crossing had never been legally established, áre set aside and reversed. The evidence shows the contrary. While the findings are -prima facie evidence of their correctness, thus placing on the plaintiff the burden here…