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FITZGERALD v. BOSTON & MAINE RAILROAD

328 Mass. 297 (1952)

103 N.E.2d 245

HAROLD K. FITZGERALD vs. BOSTON AND MAINE RAILROAD.

Supreme Judicial Court of Massachusetts, Hampshire.

January 11, 1952.

Attorney(s) appearing for the Case

J.J. O'Connell, for the plaintiff.

P. Brownell, for the defendant.

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

COUNIHAN, J.

This is an action of tort to recover for property damage arising out of a collision between an automobile truck owned by the plaintiff and operated by one Hamel, his employee, and a locomotive of the defendant on a railroad crossing on Water Street, Northampton. After denial of a motion for a directed verdict for the defendant, the action was submitted to a jury who returned a verdict for the plaintiff, which the judge received under leave reserved. G...

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