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FENWICK v. KAPPLER

205 Misc. 594 (1954)

Clarissa M. Fenwick, as Limited Administratrix of The Estate of Frederick Fenwick, Deceased, Plaintiff, v. Antoinette C. Kappler et al., Defendants. Clarissa M. Fenwick, Plaintiff, v. Antoinette C. Kappler et al., Defendants.

Supreme Court, Special Term, Monroe County.

April 8, 1954.

Attorney(s) appearing for the Case

Edward R. Macomber for New York Central Railroad, defendant.

Frederick J. Wilkens for Antoinette C. Kappler and another, defendants.

ROBERTS, J.

The plaintiff, Clarissa M. Fenwick, and her deceased husband, Frederick Fenwick, were passengers in an automobile involved in a crossing accident with a train of the New York Central Railroad. The actions are brought against the owner and operator of the automobile and the railroad as defendants. The defendants Kappler and Weisenborn, the owner and operator respectively of the automobile, served a notice to examine the codefendant, New York...

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