Espowood v. Springfield Terminal Ry. Co., No. 28 50 26 (Oct. 17, 1990)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION RE DEFENDANTS TOWN OF THOMASTON, EUGENE McMAHON AND RICHARD THOMPSON'S MOTION TO STRIKE This action arises out of an accident which occurred April 20, 1988 in the town of Thomaston. The plaintiffs William E. Espowood, conservator of the estate of James Francis Smith and Barbara Elaine Smith allege that the plaintiff's incapable was operating a truck on premises owned by the third party defendant, Whyco Chromium Company, Inc., and was struck by a freight train while crossing a private rail…