McLucas v. Boston & Maine Railroad
McLucas v. Boston & Maine Railroad
Opinion of the Court
Exceptions overruled. This is an action of tort for damages arising out of a collision which occurred in the middle of a rainy November morning in 1951 between an automobile and a freight train. There is nothing to show that the plaintiff, at any time, saw, heard or knew of the approach of the locomotive hauling this heavy one hundred twelve car freight train. Moreover, his answer to the judge, that he was proceeding over the crossing without any knowledge of what was coming from his right side, was binding upon him because he alone would know as to the truth of such statement, Germaine v. Boston & Albany Railroad, 298 Mass. 501, McFaden v. Nordblom, 307
Reference
- Full Case Name
- Alfred McLucas v. Boston and Maine Railroad
- Cited By
- 1 case
- Status
- Published