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MAINE CENT. R. CO. v. BANGOR & AROOSTOOK R. CO.

395 A.2d 1107 (1978)

MAINE CENTRAL RAILROAD COMPANY v. BANGOR & AROOSTOOK RAILROAD COMPANY and Whittaker Corporation.

Supreme Judicial Court of Maine.

December 4, 1978.

Attorney(s) appearing for the Case

Pierce, Atwood, Scribner, Allen, Smith & Lancaster by Jotham D. Pierce, Jr. (orally), Ralph I. Lancaster, Jr., George J. Marcus, Portland, for plaintiff.

Verrill & Dana by John A. Mitchell (orally), John R. McKernan, Jr., Portland, for Bangor & Aroostook R.

Hewes, Culley & Feehan by George W. Beals (orally), Peter W. Culley, Portland, for Whittaker Corp.

Before POMEROY, WERNICK, ARCHIBALD, GODFREY and NICHOLS, JJ.

POMEROY, Justice.

This controversy results from a railroad derailment that occurred at Clinton, Maine, on October 20, 1971. The derailment took place after some twenty freight cars belonging to the Bangor & Aroostook Railroad (BAR) had been interchanged to a train belonging to Maine Central Railroad (MEC) and operated by MEC on its tracks. Maine Central alleges that the derailment occurred because BAR had modified several...

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