DEMERS v. ILLINOIS CENTRAL RAILROAD


339 Mass. 247 (1959)

158 N.E.2d 672

ALBERT DEMERS vs. ILLINOIS CENTRAL RAILROAD & another.

Supreme Judicial Court of Massachusetts, Suffolk.

May 19, 1959.


Attorney(s) appearing for the Case

Edward J. Barshak, (Bertram A. Sugarman with him,) for the plaintiff.

Daniel F. Featherston, Jr., for the defendant Illinois Central Railroad.

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


WILLIAMS, J.

This is an action of tort brought originally against two railroads to recover for personal injuries caused by the defective condition of a box car of the defendant Illinois Central Railroad, hereinafter referred to as the Central, in which the plaintiff was working. The action was referred to an auditor whose findings of fact were not to be final. He found that the car belonged to the Central and having been unloaded by the original consignee at Laurel...

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