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O'BRIEN v. BOSTON & MAINE RAILROAD

330 Mass. 347 (1953)

113 N.E.2d 835

JAMES T. O'BRIEN vs. BOSTON AND MAINE RAILROAD (and a companion case).

Supreme Judicial Court of Massachusetts, Hampden.

July 1, 1953.

Attorney(s) appearing for the Case

Dudley B. Wallace, for the defendant.

Gerald J. Callahan, (Ralph P. Walsh with him,) for the plaintiffs.

Present: QUA, C.J., LUMMUS, RONAN, SPALDING, & COUNIHAN, JJ.

LUMMUS, J.

These cases are actions of tort resulting from a collision on June 16, 1939, between one and two o'clock in the morning, between a train of the defendant and a truck owned by the plaintiff Liberty Liquors Inc., and driven by the plaintiff O'Brien. O'Brien sued for personal injury, and the corporate plaintiff sued for injury to its truck. The report of an auditor whose findings of fact were not final was in evidence. A jury on December 11, 1950, gave damages...

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