MONTFORD v. NEW YORK CENT. R.R. CO.


8 A.D.2d 681 (1959)

Harry Montford, Respondent, v. New York Central Railroad Company, Appellant

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

April 8, 1959


Judgment and order affirmed, with costs.

All concur, except Williams and Goldman, JJ., who dissent and vote for reversal and for granting a new trial, in the following memorandum:

This is an appeal from a property damage verdict for plaintiff arising out of the demolition of plaintiff's truck, by one of defendant's trains, while allegedly unable to move off the tracks. The complaint alleged that the accident was caused "when the rear wheels of his said truck...

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