(Download) "Gove v. Boston & M. R. R." by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Gove v. Boston & M. R. R.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 31, 1940
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
RONAN, Justice. The intestate, at half past seven on a clear cold morning in January, 1939, was operating a small truck towing another automobile over a grade crossing on River Street, a public way in North Adams, when the truck was struck by a locomotive and the intestate was fatally injured. The declaration in this action, to recover damages for his death, contained a count setting forth a cause of action under G.L.(Ter.Ed.) c. 229, 3, alleging the negligence of the defendant, a second count based upon an alleged failure to give the statutory signals as required by G.L.(Ter.Ed.) c. 160, 138, and a third count setting forth a failure of the defendant to keep in operation at this crossing automatic signals in accordance with an order of the department of public utilities issued by virtue of G.L.(Ter.Ed.) c. 160, 147. The jury, in answer to certain questions submitted to them, found that the statutory signals were given but that the automatic signals were not operating just prior to the accident and that this contributed to the accident. The Judge then directed a verdict for the defendant, subject to the exception of the plaintiff. The physical characteristics of the locus are set forth in the record and are supplemented in considerable detail by the plan and photographs that were introduced in evidence at the trial and used in the argument in this court. One proceeding southerly along River Street, as the intestate was, would have to travel up a slight incline to reach the crossing, and his view to his left or the east -- the direction from which the train approached -- was obstructed by three buildings located on the easterly side of the street, one of which had a platform about four feet from the nearest rail of the sidetrack. The highway was crossed by three sets of tracks. The northerly track was a sidetrack. The next track -- the one upon which the train involved in the accident was running -- was used for westbound trains. The third track was used for eastbound trains. The distance between the rails of each track is four feet eight and one-half inches, and the distance between the southerly rail of the sidetrack and the northerly rail of the westbound track is seven feet nine and one-half inches. The main tracks are straight for a distance of approximately three-quarters of a mile east from the crossing. At a point forty feet northerly of the nearest rail of the westbound track one could see sixty-six feet to the east along this track; at a distance of twenty-five feet from this track one could see six hundred and sixty-two feet; and from a point sixteen feet from this track one could see three-quarters of a mile or more.