Curtiss v. New York Cent. R.

(after stating the facts as above).

The law of Massachusetts is the lex loci delicti which governs the action. Young v. Masci, 289 U. S. 253, 53 S. Ct. 599, 77 L. Ed. 1158, 88 A. L. R. 170; Cuba Railroad Co. v. Crosby, 222 U. S. 473, 32 S. Ct. 132, 56 L. Ed. 274, 38 L. R. A. (N. S.) 40.

The new road over the crossing, not having been opened to the public at the time of the accident, was a private way, so the appellant urges, in using which the plaintiff was but a licensee and entitled only to have the defendant refrain from injuring him in a wanton and willful manner. If he were hut such a…