DESCOTEAU v. BOSTON & MAINE R. R.

No. 4629.

101 N.H. 271 (1958)

ORIGENE DESCOTEAU v. BOSTON AND MAINE RAILROAD.

Supreme Court of New Hampshire.

Decided April 24, 1958.


Attorney(s) appearing for the Case

Normand R. Pelletier, and Upton, Sanders & Upton (Mr. Robert W. Upton orally), for the plaintiff.

Sheehan, Phinney, Bass, Green & Bergevin and Richard A. Morse (Mr. Phinney orally), for the defendant.


DUNCAN, J.

On the day of the accident the plaintiff was engaged as a patrolman in inspecting track out of Lowell, Massachusetts, on the Lawrence branch as far as Tewksbury. He had traveled with his foreman by motor car to "Wamesit," where they arrived at about 10 A. M. The car was set off the track and the foreman proceeded on foot to inspect another half mile of track. The plaintiff first cleaned a cross-over switch light and filled it with kerosene; then on instructions...

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