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SAWLER v. BOSTON & ALBANY RAILROAD

339 Mass. 34 (1959)

157 N.E.2d 316

STANLEY D. SAWLER, administrator, vs. BOSTON AND ALBANY RAILROAD COMPANY & another.

Supreme Judicial Court of Massachusetts, Worcester.

April 9, 1959.

Attorney(s) appearing for the Case

Sumner W. Elton, for the plaintiff, submitted a brief.

Richard G. Crotty, for the defendants.

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

COUNIHAN, J.

This is an action of tort to recover damages under G.L.c. 229, § 2A, for the death of the plaintiff's intestate, his daughter, who was approximately two years and four months old when she died. On March 7, 1957, the child who in some manner unknown to the plaintiff or the defendants was on the tracks of the Boston and Albany Railroad Company, which were leased by it to the New York Central Railroad Company...

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