BAGLIO v. NEW YORK CENTRAL RAILROAD


344 Mass. 14 (1962)

180 N.E.2d 798

JOSEPH BAGLIO vs. NEW YORK CENTRAL RAILROAD COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

March 21, 1962.


Attorney(s) appearing for the Case

Frank W. Crocker, (George T. Finnegan with him,) for the defendant.

Roger J. Donahue, for the plaintiff.

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


WILLIAMS, J.

This is an action of tort under Federal Employers' Liability Act, 45 U.S.C. (1958) §§ 51-60, brought on April 1, 1959, to recover for an injury incurred on April 30, 1955, in the yard used by the defendant at Everett. The defendant pleaded the three year statute of limitations, § 56, and the plaintiff's contributory negligence. The plaintiff filed a replication to the plea of the statute alleging that the defendant by its own fraud was...

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