181 Mass. 197 | Mass. | 1902
We are of opinion that there was no evidence from which it could be found that the plaintiff’s husband was killed while in the exercise of due care. It might be found from the evidence that the bell of the engine which struck him was not rung. But the engine was drawing a freight train the speed of which was from seven to nine miles an hour. This train was going in the same direction as the switching engine and cab from which the deceased jumped to the ground and upon a track parallel with that on which was the switching engine. The two tracks were about six feet apart and the deceased jumped from the cab to the space between the two tracks, and then walked on to the track on which the freight train was approaching. Both these tracks were substantially straight at the place of the accident and for some six hundred feet in the direction from which the freight train was approaching. The track on to which the deceased walked was the outward bound track and trains in the regular course passed over it in the same direction in which the switching engine was
Exceptions overruled.