McNALLY v. TRUSTEES OF N.Y., NEW HAVEN & HARTFORD RD.


325 Mass. 367 (1950)

90 N.E.2d 318

EDWARD C. McNALLY, administrator, vs. TRUSTEES OF NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

February 10, 1950.


Attorney(s) appearing for the Case

W.F.A. Graham, for the plaintiff.

N.W. Deering, for the defendants.

Present: QUA, C.J., RONAN, WILKINS, SPALDING, & COUNIHAN, JJ.


RONAN, J.

The plaintiff recovered a verdict for the death of his intestate which occurred a little after four o'clock on the afternoon of September 1, 1939, when he was struck by a train as he was crossing the defendants' track in front of the Norfolk Downs station. The judge on leave reserved entered a verdict for the defendants, subject to the exception of the plaintiff. The judge then reported the case to this court under a stipulation that, if there was error...

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