Participated in both diesel & steam At the Throttle events. To live out my dream of not only operating a diesel, but the opportunity to be in control of a steam locomotive were the greatest gifts ever received for my birthday. Both engineers on each piece of equipment were friendly, patient, and extremely knowledgeable of their locomotives and rail history associated with the old Katy Line the museum operates on. I learned so much in my short time spent on the rails. Thank you ORM members and volunteers for making these events possible to the public.

I don't honestly know why a city building simulation has a motion blur setting. (In my opinion, no game ever needs motion blur, but that's a whole other article.) I will say, at the very least, turn it off before laying down your first road. You won't miss it, you'll never need it, and you will definitely notice an improvement in performance.


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DOLAN, J. These are two actions of tort in which the plaintiff seeks to recover compensation for personal injuries alleged to have been caused by the negligence of the respective defendants. At the close of the plaintiff's evidence each of the defendants filed a motion for a directed verdict in its favor and in each case the motion was allowed, subject to the plaintiff's exceptions.

than those incidental to his employment. See Cotoia v. Seale, 306 Mass. 101, 103, and cases cited. Keough v. E. M. Loew's, Inc. 303 Mass. 364, 365. The plaintiff has argued, however, that there was a duty upon the officials of the city to see that the conduit was laid in the location granted. In granting the location for the conduit in 1907 the city's board of aldermen acted not as its representative but as an independent board on behalf of the Commonwealth, G. L. (Ter. Ed.) c. 166, Section 22, Lynch v. Lowell Electric Light Corp. 263 Mass. 81, 86, and the city is not liable for any injuries resulting from the failure of the electric light company to lay the conduit in the location granted, nor from any failure of any city officials to see that the conduit was so constructed. No duty in the matter is imposed by law other than upon the board of aldermen of the city, and the direction in the order granting the location that the "kind and quality of material used in the construction of said duct or conduits, and exact locations shall be under the direction and to the satisfaction of the City Engineer and the Superintendent of Streets, and shall be approved by them," did no more than make them agents of the board of aldermen in the matter for whose acts the city is not liable. Flood v. Leahy, 183 Mass. 232, 236. Cheney v. Barker, 198 Mass. 356, 364. Metropolitan Home Telephone Co. v. Emerson, 202 Mass. 402, 405. Sweeney v. Boston, 309 Mass. 106, 110, and cases cited. Reitano v. Haverhill, 309 Mass. 118, 122, 123. See Daddario v. Pittsfield, 301 Mass. 552, 558, 559. There was no error in granting the city's motion for a directed verdict.

place other than that authorized by the board of aldermen of the city, and the facts alleged cannot be said to be such as to afford the defendant sufficient information, so far as nuisance is concerned, to enable it to plead to the declaration intelligently and directly. The declaration does not "state concisely and with substantial certainty the substantive facts necessary to constitute . . . [a] cause of action [for nuisance]." G. L. (Ter. Ed.) c. 231, Section 7, Second. Grandchamp v. Costello, 289 Mass. 506, 507, and cases cited. When the case was argued before us a motion was filed by the plaintiff that he be permitted to amend his declaration by alleging that the conduit was a nuisance since it was not laid in the location set out in the plans filed with the proper officials of the city in accordance with the order of the board of aldermen. We think that this motion should be denied.

It is recognized that a municipality has a certain corporate interest in the granting of locations for the laying of conduits or pipes beneath the surface of its streets for transmission of electricity and for other purposes, such as the supplying of water, gas or steam. The expense of keeping streets in repair, a duty imposed upon the municipality, may be involved. (See Flood v. Leahy, 183 Mass. 232, 236.) It is common knowledge that from time to time many municipalities are obliged to open streets for purposes connected with the maintenance of water and sewer systems. Manifestly it is of the utmost importance that the location of conduits of public service corporations or others should be specifically fixed, as required in the present case by the pertinent ordinance, and that the location granted be exactly adhered to in order that duties imposed upon or undertaken by the municipality under lawful authority may be prosecuted with safety to the community. The defendant,

In the case against the defendant city the plaintiff's exception to the allowance of the defendant's motion for a directed verdict is overruled. In the case against the defendant Cambridge Electric Light Company the plaintiff's exception to the allowance of the defendant's motion for a directed verdict is sustained. 589ccfa754

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