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JAD v. BOSTON & MAINE CORP.

No. 87-883.

26 Mass. App. Ct. 564 (1988)

530 N.E.2d 197

ALI JAD, administrator, vs. BOSTON & MAINE CORPORATION.

Appeals Court of Massachusetts, Middlesex.

November 16, 1988.

Attorney(s) appearing for the Case

David A. Barry (Paul E. White with him) for the plaintiff.

John J. Bonistalli for the defendant.

Jonathan P. Feltner, for Massachusetts Bay Transportation Authority, was present but did not argue.

Present: PERRETTA, CUTTER, & SMITH, JJ.

PERRETTA, J.

There are railroad tracks which run parallel with the back campus of the Belmont High School (the school). The tracks are leased by the defendant Boston & Maine Corporation (B & M) from the defendant Massachusetts Bay Transportation Authority (MBTA). On the morning of December 6, 1982, the plaintiff's fourteen year old son was walking along the tracks on his way to the school when he was hit...

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