DELAWARE & HUDSON R.R. CORP. v. INT'L PAPER CO.


14 A.D.2d 643 (1961)

Delaware & Hudson Railroad Corporation, Respondent, v. International Paper Company, Appellant

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

August 1, 1961


Defendant paper company is the owner of a switch track connected with the plaintiff railroad's line for the service of the defendant's plant. An accident occurred on the defendant's track involving the operation of plaintiff's equipment. Both parties were sued, and this action by the railroad seeks a declaratory judgment that the defendant paper company be required to conduct the defense of the negligence action for plaintiff and pay any resulting judgment. The court at Special...

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