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Legal Opinion

Fay v. Boston & Maine Railroad

Massachusetts Supreme Judicial Court

Decided February 9, 1959PublishedCited by 6 opinions

1Opinion of the CourtWilliams, J.

This is an action of tort to recover for personal injury and property damage resulting from a collision of the plaintiff’s automobile with the defendant’s locomotive at a public crossing in the town of Belchertown. Counts 1 and 3 of the declaration are at common law for negligence, and counts 2 and 4 are under G. L. c. 160, § 232, for failure to give the statutory signals required by § 138. The defendant answered by general denial and pleaded gross negligence and acts in violation of law on the part of the plaintiff. There was a finding for the plaintiff by a judge sitting without jury. The…

2Cases cited25 opinions

  1. Selectmen of Topsfield v. State Racing CommissionMassachusetts Supreme Judicial Court · 1949
  2. Fortune v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1930
  3. Bagley v. BurkholderMassachusetts Supreme Judicial Court · 1958
  4. Klegerman v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1935
  5. Germaine v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1937

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3Cited by6 opinions

  1. Borden v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1959
  2. Nickerson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1961
  3. May v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1960
  4. Weir v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1959
  5. Runnells v. Maine Central RailroadSupreme Judicial Court of Maine · 1963

1 more not listed; retrieve them via the Exa API.

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