Massachusetts General Laws

Mass. Gen. Laws ch. 160, § 232 (2026)

Neglect of railroad to give signals at crossing; damages; contributory, gross or wilful negligence

✓ current as of July 2026

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Section 232. If a person is injured in his person or property by collision with the engines or cars or rail-borne motor cars of a railroad corporation at a crossing such as is described in section one hundred and thirty-eight, and it appears that the corporation neglected to give the signals required by said section or to give signals by such means or in such manner as may be prescribed by orders of the department, and that such neglect contributed to the injury, the corporation shall be liable for all damages caused by the collision, or, if the life of a person so injured is lost, to damages recoverable in tort, as provided in section two of chapter two hundred and twenty-nine, unless it is shown that, in addition to a mere want of ordinary care, the person injured or the person who had charge of his person or property was, at the time of the collision, guilty of gross or wilful negligence, or was acting in violation of the law, and that such gross or wilful negligence or unlawful act contributed to the injury.

Notes of Decisions

Cited in 15 cases, 1925–2005 · leading case: Libby v. New York, New Haven & Hartford R.R., 73 A.L.R. 101 (Mass. 1930).

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Libby v. New York, New Haven & Hartford R.R., 73 A.L.R. 101 (Mass. 1930). · cites it 4× “” G. L. c. 160, § 232, upon which these actions are brought, provides in part that “ If a person is injured in his person or property by collision with the engines or cars of a railroad corporation at a crossing such as is described in section one hundred and thirty-eight, and…”

Sylvia v. New York, New Haven & Hartford R.R., 6 N.E.2d 359 (Mass. 1936). · cites it 4× “In each action count 1 was framed under G. L. c. 160, § 232, charging the defendant with failure to give the signals required by § 138; it also contained a separate allegation, alleging negligence of the defendant in running over the plaintiff, without reference to the statu…”

Anthony v. Boston & Maine R.R., 177 N.E. 564 (Mass. 1931). · cites it 3× “160, § 138, were not given, and if it could not have been ruled that the operator of the truck was guilty of gross or wilful negligence, contributing to his injury, within the meaning of G. L. c. 160, § 232, he is precluded from recovery because of his violation of G.”

Fortune v. New York, New Haven & Hartford R.R., 170 N.E. 923 (Mass. 1930). · cites it 2× “unlawful act contributed to the injury,” G. L. c. 160, § 232, in that he was violating G.”

Jones v. New York, New Haven & Hartford R.R., 175 N.E. 487 (Mass. 1931). · cites it 2× “The actions are at common law and the grade crossing statute, G. L. c. 160, § 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…”

Fay v. Boston & Maine R.R., 156 N.E.2d 24 (Mass. 1959). · cites it 3× “Counts 1 and 3 of the declaration are at common law for negligence, and counts 2 and 4 are under G. L. c. 160, § 232, for failure to give the statutory signals required by § 138.”

Libby v. New York, New Haven & Hartford R.R., 177 N.E. 679 (Mass. 1931). · cites it 3× “The seventh count in each alleged liability for death under G. L. c. 160, § 232, which gives an *3 action against a railroad corporation-if a person is injured in his property or person by collision with the engine or cars of the railroad corporation at a highway crossing and it…”

Arruda v. Dir. Gen. of Railroads, 147 N.E. 21 (Mass. 1925). “463, Part II, § 245, (now G. L. c. 160, § 232) that when the life of a person was lost at such a grade crossing through collision with an engine of a railroad corporation, and it appeared that the corporation did not give such signals and that the failure to give such signals…”

Boyd v. Nat'l R.R. Passenger Corp., 821 N.E.2d 95 (Mass. App. Ct. 2005). “G. L. c. 160, § 232, as appearing in St. 1958, c.”

Borden v. New York, New Haven & Hartford R.R., 158 N.E.2d 464 (Mass. 1959). “90, § 15, and not contributorily negligent there is no negligence necessarily to be imputed, under G. L. c. 160, § 232, to the others injured.”

Lewis v. Boston & Maine R.R., 160 N.E. 663 (Mass. 1928). · cites it 3× “These four actions of tort under G. L. c. 160, § 232, were tried together.”

Nickerson v. Boston & Maine R.R., 173 N.E.2d 248 (Mass. 1961). “The judge charged in respect of the counts under G. L. c. 160, § 232, that, if the defendant did not sound a signal as required by § 138, “a person may be ordinarily negligent .”

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