MONTFORT v. NEW YORK CENT. R.R. CO.


7 N.Y.2d 936 (1960)

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

Court of Appeals of the State of New York.

Decided January 22, 1960.


Attorney(s) appearing for the Case

Ogden R. Brown and Thomas E. Hagmeir for appellant.

Donald C. Brandt for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD and BURKE. Judge FOSTER dissents in the following opinion in which Judges FROESSEL and VAN VOORHIS concur.


Judgment affirmed, with costs.

FOSTER, J. (dissenting).

At the crossing where plaintiff's truck was demolished when struck by a train there are four sets of tracks. The jury could find that the inner tracks over which trains run are a foot higher than the outside tracks, but there is no proof that the crossing was not planked, in fact the proof is to the contrary. The front wheels of plaintiff's truck...

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