201 Mass. 38 | Mass. | 1909
The plaintiff’s intestate was fatally injured while driving a wagon, loaded with fruit, taken from the cars of the defendant, across certain of its tracks at the point provided by it for consignees to travel. It was not a public crossing, where signals were required to be given. As the plaintiff’s intestate was on the tracks, a box freight car, which previously had been standing partly over the crossing, was struck, by other cars shunted against it, with such force as to push it entirely across the way and against the wagon in which he was driving. The defendant properly concedes that there was evidence to sustain a finding that the plaintiff’s intestate was in the exercise of due care. The only question is whether there was sufficient evidence to warrant sending the case to the jury on the allegation that the servants or agents of the defendant were grossly negligent.
The plaintiff’s intestate was crossing the track at the invita
Exceptions sustained.