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STONE v. NEW YORK CENT. R.R. SYS.

12 A.D.2d 854 (1961)

Ivan Stone, Individually and as Guardian ad Litem of Mary J. Stone, an Infant, et al., Appellants, v. New York Central Railroad System et al., Respondents Jessie M. Stone, Appellant, v. New York Central Rail Road System et al., Respondents

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

January 17, 1961

There are two actions, but only a single issue is presented. Do the pleadings and moving papers allege facts which present a triable issue of negligence as against Sverdlow? Jessie Stone was driving a car across a private crossing of the New York Central tracks when the car was struck by a train. Sverdlow owned some property and conducted a junk yard on the west side of the railroad tracks. He did not own the property on the east side of the tracks, but had an easement for...

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