BOSTON & MAINE CORP. v. TOWN OF HAMPTON

No. 92-1832.

987 F.2d 855 (1993)

BOSTON & MAINE CORPORATION, Plaintiff, Appellant, v. TOWN OF HAMPTON, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 5, 1993.


Attorney(s) appearing for the Case

Ernest J. Babcock, Portland, ME, with whom Elizabeth A. Germani, Providence, and Friedman & Babcock, Portland, ME, were on brief for plaintiff, appellant.

Thomas F. Kehr, Manchester, with whom Craig L. Staples and Cleveland, Waters and Bass, P.A., Concord, NH, were on brief for appellee.

Before TORRUELLA and CYR, Circuit Judges, and KEETON, District Judge.


KEETON, District Judge.

I. Introduction

On a snowy day in March, 1988, Ms. Jeanne Lynch was driving her car on Exeter Road in Hampton, New Hampshire. At the approach to a bridge, her car skidded over an icy patch of road. She lost control. The car crashed through the side railing of the bridge and fell twenty feet onto the railroad tracks below. The bridge and the railroad tracks were owned by Boston and Maine Corporation ("B & M").

In July 1989...

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