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BORDEN v. NEW YORK, NEW HAVEN & HARTFORD RAILROAD

339 Mass. 266 (1959)

158 N.E.2d 464

CHRISTOPHER BORDEN, administrator, vs. THE NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY (and four companion cases).

Supreme Judicial Court of Massachusetts, Bristol.

May 20, 1959.

Attorney(s) appearing for the Case

William A. Torphy, (James P. McGuire with him,) for the plaintiffs.

Noel W. Deering, for the defendant.

Present: WILKINS, C.J., WILLIAMS, COUNIHAN, WHITTEMORE, & CUTTER, JJ.

WHITTEMORE, J.

These are five actions of tort arising out of a railroad grade crossing collision on July 22, 1955, at Copicut Road, Freetown, between a motor vehicle operated by the plaintiff Christopher Borden (hereinafter, Borden) and a single self propelled Budd car of the defendant. The other plaintiffs are Charlotte Borden, wife of Christopher, Christina Borden, a minor child, and the administrators of the estates of two other minor children. Some counts were...

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