Jad v. Boston & Maine Corp.

There are railroad tracks which run parallel with the back campus of the Belmont High School (the school). The tracks are leased by the defendant Boston & Maine Corporation (B & M) from the defendant Massachusetts Bay Transportation Authority (MBTA). On the morning of December 6, *5651982, the plaintiff’s fourteen year old son was walking along the tracks on his way to the school when he was hit by a commuter train operated by the B & M. The plaintiff brought an action in negligence against the defendants seeking damages for his son’s wrongful death. The judge allowed the B & M’s motion for…