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ROBY v. BOSTON & MAINE R.R.

337 Mass. 369 (1958)

149 N.E.2d 661

EDWARD W. ROBY vs. BOSTON AND MAINE RAILROAD.

Supreme Judicial Court of Massachusetts, Suffolk.

April 11, 1958.

Attorney(s) appearing for the Case

Joseph Schneider, (Norman M. Goldberg with him,) for the plaintiff.

Arthur L. Brown, (Eugene J. Ratto with him,) for the defendant.

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

WHITTEMORE, J.

The plaintiff, a Pullman porter, brought an action in tort against the defendant to recover for personal injuries received on October 15, 1951, as a result of a collision of railroad cars in one of which the plaintiff was working. Following verdicts for the plaintiff under both counts, the judge entered a verdict for the defendant under count 1 pursuant to leave reserved. The case is here on a report which presents the correctness of the entry of the...

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