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BONNEY v. CANADIAN NAT. RY. CO.

No. 85-1635.

800 F.2d 274 (1986)

Cheryl D. BONNEY, as Personal Representative and Administratrix of the Estate of Rodney Bonney, Plaintiff, Appellee, v. CANADIAN NATIONAL RAILWAY COMPANY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 5, 1986.

Attorney(s) appearing for the Case

John H. Montgomery with whom Nicholas S. Nadzo, Lisa R. Gorman and Jensen Baird Gardner & Henry, Portland, Me., were on brief, for defendant, appellant.

Paul F. Macri with whom William D. Robitzek and Berman, Simmons & Goldberg, P.A., Lewiston, Me., were on brief, for plaintiff, appellee.

Before CAMPBELL, Chief Judge, and COFFIN and BREYER, Circuit Judges.

LEVIN H. CAMPBELL, Chief Judge.

Plaintiff-appellee Cheryl Bonney brought a tort action seeking damages for the death of her husband, Rodney Bonney, which resulted from his attempt to rescue a 15-year-old trespasser who fell from a railroad bridge under the control of defendant-appellant Canadian National Railway Company (the "Railway"). The Railway now appeals from the judgment entered against it in the United States District Court for the District of Maine,

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