MILLER v. NEW YORK CENT. R.R. CO.


276 A.D. 795 (1949)

Eva M. Miller, as Administratrix of The Estate of Bertie L. Miller, Deceased, Appellant, v. New York Central Railroad Company, Respondent

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

November 16, 1949.


On November 12, 1946, plaintiff's intestate, her husband, was operating his automobile in a westerly direction toward Richville. The highway crosses the defendant's railroad at grade. The intersection of the road and the railroad is known as Bigelow crossing. Defendant's train, consisting of forty-eight cars and a caboose, was proceeding northerly toward Canton. A collision occurred between the automobile and the train, in which plaintiff's intestate lost his life. The most...

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