MIRANDA v. BOSTON & MAINE R.R.


18 A.D.2d 1115 (1963)

Ferdinand Miranda, Appellant, v. Boston and Maine Railroad, Respondent

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

April 4, 1963


Plaintiff's complaint alleges that he slipped and fell when he stepped on oily waste material on the sidewalk of a public crossing over defendant's tracks in Mechanicville. The waste material was of a type commonly used to lubricate railroad car-wheel journals. The place at which plaintiff alleges he slipped and fell was a public way maintained by the railroad. No notice of the existence of this danger was shown to have been brought to the attention of defendant; nor was...

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