POWERS v. DELAWARE & HUDSON R.R. CORP.


15 A.D.2d 620 (1961)

Mary J. Powers, as Administratrix of The Estate of William J. Powers, Deceased, Respondent, v. Delaware & Hudson Railroad Corporation, Appellant, and J. A. Carman Trucking Company, Inc., Respondent

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

December 29, 1961


This action in which recoveries are sought for wrongful death and conscious pain and suffering arose out of a collision between a locomotive of the defendant railroad, by whom plaintiff's intestate was employed, and a tank truck of the codefendant, operated by one Every, at a railroad crossing near Colliers in Otsego County on February 27, 1959. Plaintiff laid the venue of the action in Greene County. Appellant moved to change it to Otsego County on the ground that the convenience...

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