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BERBEN v. NEW YORK CENT. R.R.

9 A.D.2d 998 (1959)

Harold J. Berben, Appellant, v. New York Central Railroad, Respondent

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

December 31, 1959

Plaintiff, while in the employ of a construction company, was standing upon the brake platform of a hopper car from which sand was being unloaded, when the car was struck by another hopper car which plaintiff's coemployee Noonan was moving down grade by gravity. At the time, the cars were in the exclusive control of the construction company and the sidetrack upon which they were placed had been leased to that company by the defendant...

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