SALAMY v. NEW YORK CENT. SYS.


1 A.D.2d 27 (1955)

Richard H. Salamy, Plaintiff, v. New York Central System, Defendant and Third-Party Plaintiff-Respondent. John M. Loughran et al., Third-Party Defendants-Appellants Raymond Mikall, Doing Business as Mikall's Super Market, Plaintiff, v. New York Central System, Defendant and Third-Party Plaintiff-Respondent. John M. Loughran et al., Third-Party Defendants-Appellants

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

December 23, 1955.


Attorney(s) appearing for the Case

James E. La Pan and Clifford W. McCormick for third-party defendants-appellants.

Claude J. Clark for defendant and third-party plaintiff-respondent.

FOSTER, P. J., BERGAN, HALPERN and ZELLER, JJ., concur.


COON, J.

Plaintiffs brought these actions to recover for personal injuries and property damage alleged to have been sustained by reason of the negligence of the defendant, the New York Central System (hereinafter called "railroad"), arising from an accident on July 1, 1954, when a delivery truck was struck by the railroad's locomotive at a private grade crossing. Plaintiffs have alleged that they were invitees...

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