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OWEN v. MESERVE

381 Mass. 273 (1980)

408 N.E.2d 867

ALVIN J. OWEN, SR., administrator, vs. ROBERT W. MESERVE & another, trustees.

Supreme Judicial Court of Massachusetts, Middlesex.

August 5, 1980.

Attorney(s) appearing for the Case

Donald P. Garrity (James A. McDonald, Jr., with him) for the plaintiff.

Francis J. Bousquet & Frank A. Smith, III, for the defendants.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, WILKINS, & ABRAMS, JJ.

BRAUCHER, J.

On June 1, 1971, the plaintiff's intestate, a fifteen year old boy, was struck and killed by a passenger train of the defendants, trustees of the Boston and Maine Corporation (railroad). A verdict has been directed for the defendants in the plaintiff's action for wrongful death by virtue of a provision in G.L.c. 229, § 2, as amended through St. 1967, c. 666, § 1: "a person operating a railroad shall not be liable for negligence in causing the...

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