SILVER v. NEW YORK CENTRAL RAILROAD


329 Mass. 14 (1952)

105 N.E.2d 923

HOWARD L. SILVER, administrator, vs. NEW YORK CENTRAL RAILROAD COMPANY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

May 2, 1952.


Attorney(s) appearing for the Case

Walter N. Kernan, for New York Central Railroad Company.

Thomas D. Burns, for the plaintiff.

Present: LUMMUS, RONAN, WILKINS, & SPALDING, JJ.


WILKINS, J.

On January 14, 1948, Frances Silver became a passenger, bound from Boston to Cincinnati, on a train operated by the defendant railroad. The following morning the Pullman car in which she had a berth was detached at Cleveland and stood for nearly four hours in the yard to await connection with the next train to Cincinnati. She was suffering from a circulatory ailment known as Raynaud's disease. The temperature in the car became too cold for her, and she...

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