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BARTON v. NEW YORK, NEW HAVEN & HARTFORD RAILROAD

332 Mass. 345 (1955)

125 N.E.2d 124

RICHARD BARTON & another vs. THE NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY.

Supreme Judicial Court of Massachusetts, Plymouth.

March 4, 1955.

Attorney(s) appearing for the Case

Noel W. Deering, for the defendant.

Philander S. Ratzkoff, for the plaintiffs.

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

SPALDING, J.

About 2:15 on the afternoon of January 15, 1949, a truck driven by the plaintiff Barton and owned by the plaintiff H.P. Hood & Sons, Inc., was run into by a locomotive owned and operated by the defendant at a grade crossing at North Scituate. As a result of the collision Barton sustained personal injuries and the truck of H.P. Hood & Sons, Inc., was damaged, and this action of tort is brought to recover for the personal injuries and property damage...

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