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Legal Opinion

Rice v. Boston & Maine Railroad

Massachusetts Supreme Judicial Court

Decided June 27, 1944PublishedCited by 8 opinions

1Opinion of the CourtWilkins, J.

This is an action of tort to recover for the death of the plaintiff’s intestate, Edward W. McArdle, and for damage to an automobile truck which he was operating when struck by one of the defendant’s trains at a grade crossing on Dutton Street, a public way in Sudbury. The declaration contains counts for negligence at common law and for failure to give the statutory signals, G. L. (Ter. Ed.) c. 160, §§ 138, 232. The answer included allegations that the plaintiff’s intestate was acting in violation of law and that he was guilty of contributory negligence. At the conclusion of the plaintiff’s…

2Cases cited8 opinions

  1. Germaine v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1937
  2. Kenney v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1938
  3. Duval v. DuvalMassachusetts Supreme Judicial Court · 1940
  4. Brown v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1939
  5. Dole v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1941

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

3Cited by8 opinions

  1. Campbell v. AshlerMassachusetts Supreme Judicial Court · 1946
  2. Papageorge v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1944
  3. Borden v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1959
  4. Verrocchi v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1948
  5. Fay v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1959

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

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