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JEFFRIES v. LONG ISLAND RAIL RD.

15 A.D.2d 356 (1962)

Alonzo Jeffries, Respondent, v. Long Island Rail Road Company , Appellant and Third-Party Plaintiff. C. G. M. Company, Third-Party Defendant

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

February 8, 1962.

Attorney(s) appearing for the Case

Desmond T. Barry of counsel (James A. Treanor, Jr., William J. O'Brien and Richard E. Shandell with him on the brief; Otto M. Buerger, attorney), for appellant.

B. Leo Schwarz of counsel (Benjamin H. Siff with him on the brief; Joseph Brill, attorney), for respondent.

August C. Flamman for third-party defendant.

VALENTE, J. P., STEVENS and EAGER, JJ., concur in Per Curiam opinion; STEUER, J., dissents in opinion in which McNALLY, J., concurs.

Per Curiam.

This is an appeal by the defendant from a judgment for plaintiff in an action for personal injuries.

The plaintiff, a workman, engaged in unloading steel beams from a gondola-type railroad car on a railroad siding, was injured when it was severely bumped by another gondola-type car running downhill on the side track. A fellow workman had released the air brake on the uphill car and the workmen intended...

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