(DOWNLOAD) "Jones v. New York" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free
eBook details
- Title: Jones v. New York
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 02, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
RUGG, C. J. These are actions of tort to recover compensation for personal injuries sustained by the plaintiffs as a result of a collision between an automobile, in which they were riding, and a passenger train of the defendant, at a railroad grade crossing of a public way at about dusk of an October afternoon. The actions are at common law and the grade crossing statute, G. L. c. 160, was 232, is not involved. The causative negligence of the defendant alleged in each declaration is careless operation and propulsion of the locomotive, without proper notice and safeguards, against the plaintiff. Evidence was admitted without objection tending to show that the causative negligence of the defendant was conduct of its crossing tender. No question of variance between allegation and proof was raised. The cases will therefore be considered, as they have been argued, on the footing whether on all the evidence the plaintiffs were entitled to go to the jury. Any insufficiency in pleading might have been cured by amendment. Pizer v. Hunt, 253 Mass. 321, 331, 332, 148 N.E. 801.