DANBOIS v. NEW YORK CENT. R.R. CO.


15 A.D.2d 725 (1962)

Robert F. Danbois, Respondent, v. New York Central Railroad Company, Appellant, et al., Defendant

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

January 10, 1962


Judgment and order affirmed, with costs.

All concur, except Williams, P. J., and McClusky, J., who dissent and vote to reverse and to grant a new trial in the following memorandum:

Defendant railroad company appeals from a judgment in favor of plaintiff, who was injured when his automobile ran into the side of one of the cars of defendant's train at a grade crossing on a State highway. On the night in question, it was dark, raining and windy, but for at least...

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