Holmes v. Trustees of Boston & Maine Corp.

The plaintiff appeals from a judgment (entered on January 31, 1974, under leave reserved, G. L. c. 231, § 120, as in effect prior to St. 1973, c. 1114, § 203) in an action for the wrongful death of the plaintiff’s intestate, a passenger in an automobile which collided with the defendants’ train at a crossing. The automobile was proceeding in a westerly direction. The plaintiff’s sole claim of negligence focuses on the limb of a tree which he contends obscured a flashing electrical signal, which when activated also included an audible bell, placed in the northwest quadrant of the intersection.…