271 Mass. 101 | Mass. | 1930
The evidence would sustain findings as follows: The plaintiff, after driving from a nearby pond to the street and along Cedar Pond Road toward the crossing, stopped
For the purposes of this decision it is assumed in favor of the plaintiff that there was evidence to support a finding that the statutory train signals required by G. L. c. 160, § 138; were not given and that it could not have been ruled as matter of law that the defendant had sustained
It follows that there was error and the exceptions must be sustained. Under G. L. c. 231, § 124, the order will be
Exceptions sustained.
Judgment for the defendant.