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BOSTON & MAINE RAILROAD v. HALL

Nos. 5657-5660.

284 F.2d 474 (1960)

BOSTON & MAINE RAILROAD, Defendant, Third-Party Plaintiff, Appellant, v. Arlene M. HALL, Executrix, Plaintiff, Appellee (two cases). STAUFFER CHEMICAL COMPANY, Third-Party Defendant, Appellant, v. BOSTON & MAINE RAILROAD et al., Appellees (two cases).

United States Court of Appeals First Circuit.

Decided November 21, 1960.

Attorney(s) appearing for the Case

Lawrence R. Cohen, with whom James R. DeGiacomo, Boston, Mass., was on brief, for Boston & M. R. R.

Samuel P. Sears, Boston, Mass., for Stauffer Chemical Co.

Charles E. Holly, Boston, Mass., for Arlene M. Hall, Ex'x.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

On the morning of October 28, 1958, the plaintiff's testate, Hall, was a fireman on duty in the cab of a train operated by the defendant, Boston & Maine Railroad. He was killed when the train collided with a truck at a private grade crossing on the main line in Woburn, Massachusetts. This crossing was for the sole use of the third-party defendant, Stauffer Chemical Company, whose factory was on the opposite side of the track from a highway...

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