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BATES v. NEW YORK, NEW HAVEN & HARTFORD RAILROAD

333 Mass. 369 (1955)

130 N.E.2d 693

LOT E. BATES, JUNIOR, administrator, vs. THE NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY.

Supreme Judicial Court of Massachusetts, Norfolk.

December 15, 1955.

Attorney(s) appearing for the Case

Noel W. Deering, (John A. Briggs with him,) for the defendant.

Roger B. Coulter, (Philander S. Ratzkoff with him,) for the plaintiff.

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

WHITTEMORE, J.

In this action of tort the jury found for the plaintiff on two common law counts for personal injury and property damage. The defendant's exceptions are to the denial of its motion for a directed verdict and its motion to enter a verdict under leave reserved.

There was no error in denying these motions. There was evidence of the defendant's negligence and the plaintiff's intestate could have been found not to have been contributorily negligent...

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