McDONALD v. CONSOLIDATED RAIL CORP


399 Mass. 25 (1987)

502 N.E.2d 521

JOHN McDONALD vs. CONSOLIDATED RAIL CORPORATION.

Supreme Judicial Court of Massachusetts, Hampden.

January 12, 1987.


Attorney(s) appearing for the Case

Michael G. West for the plaintiff.

Samuel A. Marsella for the defendant.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & NOLAN, JJ.


LIACOS, J.

On August 14, 1978, the sixteen year old plaintiff, while traveling by bus from Vermont to Maryland, encountered a thirty-minute layover in Springfield, Massachusetts. During that delay, he left the bus station and wandered onto a nearby railroad trestle owned by the defendant. While he was on the trestle, a Conrail freight train moving at six to eight miles an hour approached him. The operator of the train (the conductor) first saw the plaintiff from a...

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