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Appeals court wrestles with whether statute requires whistles at grade crossings or allows bells as alternative
Summary
Appellant urged the court to read safety statutes to require whistle warnings at grade crossings; MBTA said the statute permits ringing a bell as an alternative and stressed regulatory discretion and safety tradeoffs.
Peter Brown, arguing for Mark Lehman, told the appeals court the statute requiring an audibility warning at grade crossings should be read in context and history to require the more effective warning (whistle) rather than treating bell or whistle as interchangeable. Brown said that when the legislature created processes (including modern §139 petitions and home‑rule equivalents) to forbid whistles, it recognized whistles perform a unique, life‑saving…
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