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DURAN v. UNION FREIGHT RAILROAD

351 Mass. 391 (1966)

221 N.E.2d 405

THOMAS E. DURAN vs. UNION FREIGHT RAILROAD COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

November 15, 1966.

Attorney(s) appearing for the Case

William J. Noonan for the defendant.

Francis J. DiMento for the plaintiff.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, SPIEGEL, & REARDON, JJ.

WHITTEMORE, J.

1. There was no error in denying the motion for a directed verdict in this tort action. The evidence does not warrant the conclusion, contended for by the defendant, that this is one of the very unusual cases in which the plaintiff's contributory negligence has been shown as a matter of law. It was for the jury to say whether the plaintiff, driving on Atlantic Avenue in Boston on a hazy night, took notice...

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