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FREEH v. CLEMENT

5 A.D.2d 753 (1957)

Nancy Freeh, Respondent, v. Thomas Clement, Defendant, and New York Central Railroad Company, Appellant

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

December 5, 1957

Order affirmed, with $10 costs and disbursements.

All concur, except VAUGHAN, J., who dissents and votes for reversal and denial of the motion in the following memorandum:

The action is one involving a collision which occurred in 1953 between an automobile in which plaintiff was riding as a passenger and a train of the defendant New York Central Railroad Company at a grade crossing. Following joinder of issue, an examination before trial was had...

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