PIERCE v. NEW YORK, NEW HAVEN & HARTFORD RAILROAD


329 Mass. 225 (1952)

107 N.E.2d 193

ARTHUR S. PIERCE vs. THE NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY.

Supreme Judicial Court of Massachusetts, Middlesex.

April 8, 1952.

July 8, 1952.


Attorney(s) appearing for the Case

Sumner W. Elton, for the plaintiff.

William J. Noonan, for the defendant.

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


WILLIAMS, J.

This is an action of tort at common law to recover compensation for damage to the plaintiff's motor truck resulting from a collision with a railroad car alleged to have been negligently operated by the defendant. The collision occurred in the afternoon of May 16, 1947, on the premises of the Boston Sand & Gravel Company in the Dorchester district of Boston, at a point where a side or spur track of the defendant entered from the north. The defendant...

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