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BRIGHETTI v. CONSOLIDATED RAIL CORP.

20 Mass. App. Ct. 192 (1985)

479 N.E.2d 708

ROBERT BRIGHETTI vs. CONSOLIDATED RAIL CORPORATION.

Appeals Court of Massachusetts, Plymouth.

June 13, 1985.

Attorney(s) appearing for the Case

Paul F. Leavis for the plaintiff.

Michael A. Fitzhugh for the defendant.

Present: PERRETTA, KAPLAN, & DREBEN, JJ.

KAPLAN, J.

On September 29, 1976, the plaintiff Brighetti was injured when his foot and ankle were mashed by a rotating screw auger that was being used at the time to unload grain from a railroad car. The accident occurred at a siding owned by the defendant Consolidated Rail Corporation (Conrail), with an oral "lease" to G.D. Poultry, Inc. (Poultry), Brighetti's employer, to install and operate the auger.

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