Massachusetts Supreme Judicial Court January 3, 1939 (Brown v. Boston & Maine Railroad)

Qua, J.

This action is brought under G. L. (Ter. Ed.) c. 229, § 3, to recover for the death of the plaintiff’s testator as the result of a locomotive of the defendant to which no train was attached striking an automobile which the deceased was driving over a grade crossing on Eames Road in Worcester.