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POOLES v. BOSTON & MAINE RAILROAD

328 Mass. 165 (1951)

102 N.E.2d 433

MARJORIE E. POOLES, administratrix, vs. BOSTON AND MAINE RAILROAD.

Supreme Judicial Court of Massachusetts, Middlesex.

December 3, 1951.

Attorney(s) appearing for the Case

P. Brownell, for the defendant.

L.C. Sprague, for the plaintiff.

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

RONAN, J.

The plaintiff's intestate was killed and his automobile was demolished when the automobile which he was driving was struck by a train about five o'clock on the afternoon of February 3, 1947, while he was driving in a southerly direction along Phelps Crossing, a private way in Ayer. The train was travelling in a westerly direction. The jury returned verdicts for the death and property damage. The case is here upon the exception of the defendant

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