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Boyd v. National Railroad Passenger Corp.1/20/2005
he operators of the two freight trains approaching the accident area from opposite directions. Ibid. "If the operator of the westbound train or the dispatcher warned the operator of the eastbound train of the presence of the two youths on the tracks in time to avoid the accident, and the eastbound train's operator did not immediately attempt to stop the train, a jury could find that operator reckless." Id. at 691-692. In this case, Prone's excessive speed and failure to sound the train's horn in accordance with the rules do not amount to recklessness, and there is simply no evidence of "something more." Accordingly, the motion judge properly dismissed the plaintiff's wrongful death claim based on wilful, wanton, or reckless conduct.
Judgment affirmed.
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