NIXON v. NEW YORK CENT. R.R. CO.


10 A.D.2d 870 (1960)

John F. Nixon et al., Appellants, v. New York Central Railroad Company, Respondent

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

April 11, 1960


Order affirmed, with $10 costs and disbursements.

To entitle appellants to a summary judgment pursuant to rule 113 of the Rules of Civil Practice, proof must be submitted to warrant the court as a matter of law in directing judgment. The only evidence offered by appellants is that a train owned and operated by respondent was derailed while appellants were lawfully riding therein; that no foreign objects were found on the tracks by the conductor; and that appellants...

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