Sawler v. Boston & Albany Railroad

This is an action of tort to recover damages under G. L. c. 229, § 2A, for the death of the plaintiff’s intestate, his daughter, who was approximately two years *35and four months old when she died. On March 7, 1957, the child who in some manner unknown to the plaintiff or the defendants was on the tracks of the Boston and Albany Railroad Company, which were leased by it to the New York Central Railroad Company, was struck and killed by a train operated by the New York Central.

Upon the conclusion of the opening statement of the plaintiff’s attorney of what he expected to prove, the defendants…