Boday v. N. Y., N. H. & H. R. R.

This is an action of trespass on the case for negligence brought by the plaintiff, as widow and on behalf of certain children, to recover damages for the death of her husband, hereinafter referred to as the deceased, who was struck and fatally injured by a locomotive of the defendant at Central Falls, Rhode Island, on September 29,1930. The case is before this court on plaintiffs’ exceptions to the exclusion of testimony and to the granting of defendant’s motion that the plaintiffs be adjudged nonsuit.

The declaration sets up a long-continued use of the “Tin Bridge, ” so-called, and…