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DEVINE v. COUNTY OF WESTCHESTER

23 A.D.2d 575 (1965)

Richard Devine, Plaintiff, and Mary E. Devine, Respondent, v. County of Westchester et al., Defendants, and New York Central Railroad Company et al., Appellants

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

February 15, 1965

Judgment affirmed, with one bill of costs to plaintiff Mary Ellen Devine, payable jointly by the said two defendants.

No opinion.

Ughetta, J., dissents and votes to reverse the judgment and to dismiss the complaint as against said two defendants, with the following memorandum:

The critical issue is whether the plaintiff, Mary Ellen Devine, should have seen the oncoming train. Although the jury was permitted to infer that her view was obstructed...

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