BULLARD v. CENTRAL VERMONT RY.

Nos. 77-1298 and 77-1299.

565 F.2d 193 (1977)

Mildred T. BULLARD, Administratrix, et al., Plaintiffs, Appellees, v. CENTRAL VERMONT RAILWAY, INC., Defendant, Appellant, and Robert W. Meserve et al., Trustees, Defendants, Appellees. Harry A. GONYER, Plaintiff, Appellee, v. CENTRAL VERMONT RAILWAY, INC., Defendant, Third-Party Defendant and Third-Party Plaintiff, Appellant, and Robert W. Meserve et al., Trustees, Defendants, Third-Party Defendants and Third-Party Plaintiffs, Appellees.

United States Court of Appeals, First Circuit.

Decided November 15, 1977.

As Amended November 18, 1977.


Attorney(s) appearing for the Case

Richard E. Bachman, Boston, Mass., with whom Timothy H. Donohue, and Hale, Sanderson, Byrnes & Morton, Boston, Mass., were on briefs, for appellant.

Robert R. Harrington, Boston, Mass., with whom Thomas D. Burns, and Burns & Levinson, Boston, Mass., were on brief, for Robert W. Meserve et al., defendants, appellees.

Robert P. Malone and Malone, McCarthy & Hunt, Boston, Mass., on brief, for Harry A. Gonyer, plaintiff, appellee.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, CRARY, District Judge.


LEVIN H. CAMPBELL, Circuit Judge.

On October 2, 1972, freight trains operated by the Boston & Maine Railroad (B & M) and the Central Vermont Railway (Central Vermont) were in a head-on collision in Belchertown, Massachusetts on a stretch of track owned by Central Vermont. Three employees of the railroads were killed and two were injured. The injured employees and the representatives of the estates of the deceased employees sued the railroads in the district...

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