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BOSTON & M. R. R. v. BRESLIN

No. 3071.

80 F.2d 749 (1935)

BOSTON & M. R. R. v. BRESLIN.

Circuit Court of Appeals, First Circuit.

December 17, 1935.

Attorney(s) appearing for the Case

Carl C. Jones, of Concord, N. H. (Demond, Woodworth, Sulloway, Piper & Jones, of Concord, N. H., on the brief), for appellant.

Edward O. Proctor, of Boston, Mass. (William A. Cross and Withington, Cross, Proctor & Park, all of Boston, Mass., on the brief), for appellee.

Before BINGHAM and MORTON, Circuit Judges, and BREWSTER, District Judge.

MORTON, Circuit Judge.

This was an action of tort for personal injuries. There was a verdict for the plaintiff, and the defendant has appealed. The injury occurred on the same turntable referred to in our opinion in Tashjian v. Boston & Maine R. R., 80 F.2d 320, handed down on November 27, 1935.

The plaintiff was about 8 years old. He was playing with other children on the defendant's turntable. They had no right to be...

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