(DOWNLOAD) "Libby v. New York" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free

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eBook details

• Title: Libby v. New York
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 20, 1930
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

CROSBY, J. These are actions of tort to recover for the death of the plaintiff's intestate in each case and for the conscious suffering of the intestate in the second case, as the result of a collision between an automobile and a railroad motor car at a railroad crossing at grade on Hyannis road, a public highway in Barnstable in this commonwealth. The jury returned verdicts for the plaintiffs, and the cases are before us on exceptions saved by the defendant. The railroad track at the crossing runs east and west and Hyannis road runs north and south. The accident occurred about 9:15 p. m. on February 23, 1927. The railroad motor car is also referred to in the record as a 'gasoline rail car' and a 'gasoline bus.' It was operated by gasoline, and there was evidence tending to show the following facts: It was between forty and forty-five feet long and was operated upon the same principle as an ordinary automobile. It was equipped with a hand brake, an air brake, a wind shield wiper, and a bell located on the roof at the front end of the car. There was a headlight on the front, and other lights on the front and rear ends. There was a whistle on the roof, made of brass and sounded by air, which was much the same as a horn on an automobile, and it was controlled from the inside of the car where the operator sits. The car had seats for passengers and a baggage compartment; it was not equipped for drawing other cars, but merely for its own operation, and on the night of the accident was not carrying any passengers. The night of the collision was dark and misty and the wind shield wiper was working. The car at that time was being operated by a locomotive engineer in the employ of the defendant and the only person with him was a flagman.

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