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LaBONTE v. NEW YORK, NEW HAVEN & HARTFORD RAILROAD

341 Mass. 127 (1960)

167 N.E.2d 629

AIME LaBONTE vs. THE NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

June 3, 1960.

Attorney(s) appearing for the Case

Noel W. Deering, (David W. Walsh with him,) for the defendant.

Roger J. Donahue, for the plaintiff.

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

SPALDING, J.

In this action of tort under the Federal Employers' Liability Act (FELA), 45 U.S.C. (1946) § 51 et seq., the plaintiff had a verdict. The questions for decision arise out of the defendant's exception to the denial of its motion for a directed verdict.

We summarize the evidence as follows. On May 9, 1952, the plaintiff, a "maintenance man," was operating a truck for the defendant at Saundersville on the Providence-Worcester line.

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