O'Meara v. Boston & Maine R.R

CROSBY, J. This is an action to recover for personal injuries and for damage to an automobile, resulting from a collision between an automobile operated by the plaintiff and a freight car of the defendant, in Peabody, where Endicott Street, a public way, crosses the defendant's tracks at grade. The accident occurred at ten minutes before four o'clock on the morning of May 1, 1927, and it was agreed that the sun arose at 4:40 A. M. standard time on that day. The plaintiff's substituted declaration contained four counts; the first and second at common law, and the third and fourth under G. L. c. 160, §§ 138 and 232. Counts one and three are to recover for personal injuries, and counts two and four are for damage to the automobile.