Massachusetts Supreme Judicial Court June 21, 1890 (Tuttle v. Fitchburg Railroad)

Field, J.

It was not competent for the defendant to prove that its servants usually rang the bell at this crossing, and to ask the jury to infer therefrom that it was rung at the time of the accident; neither was it competent for the plaintiff to prove that the defendant’s servants often or usually omitted to ring the bell at this crossing, and to ask the jury to infer therefrom that the bell was