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JUIDITTA v. BETHLEHEM STEEL

75 A.D.2d 126 (1980)

Vincent F. Juiditta, as Administrator of The Estate of Beverly A. Juiditta, Deceased, Appellant-Respondent, v. Bethlehem Steel Corporation, Defendant, and South Buffalo Railway Company, Respondent-Appellant. (Appeal No. 1.) Vincent F. Juiditta, as Administrator of The Estate of Beverly A. Juiditta, Deceased, Respondent-Appellant, v. Bethlehem Steel Corporation, Defendant, and South Buffalo Railway Company, Appellant-Respondent. (Appeal No. 2.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 23, 1980

Attorney(s) appearing for the Case

Tenney, Smith & Scott (Eugene C. Tenney of counsel), for Vincent F. Juiditta.

Hodgson, Russ, Andrews, Woods & Goodyear (Grover R. James, Jr., of counsel), for South Buffalo Railway Company.

SIMONS, J. P., HANCOCK, JR., DOERR and MOULE, JJ., concur.

SCHNEPP, J.

Beverly Juiditta, age 33, was killed in the early morning hours of August 8, 1970 when she was struck by a railroad car operated on property and tracks owned by the Pennsylvania Railroad — a large railroad interchange yard, containing at least 13 tracks. Apparently after she had crossed about 9 tracks, she was struck by a lead car of a string of railroad...

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