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NEUMEIER v. KUEHNER

63 Misc.2d 766 (1970)

Joan Neumeier, as Administratrix of The Estate of Aime Neumeier, Deceased, Plaintiff, v. Irene Kuehner, as Administratrix of The Estate of Arthur Kuehner, Deceased, et al., Defendants.

Supreme Court, Erie County.

August 4, 1970

Attorney(s) appearing for the Case

Ohlin, Damon, Morey, Sawyer & Moot (James S. McAskill of counsel), for plaintiff. Smith, Murphy & Schoepperle (Frank G. Godson of counsel), for Irene Kuehner, as administratrix, defendant. Moot, Sprague, Marcy, Landy & Fernbach (Courtland R. LaVallee of counsel), for Canadian National Railway, defendant.

WALTER J. MAHONEY, J.

The pertinent facts, insofar as the pending motions now before the court are concerned, would not appear to be in serious dispute. On or about May 7, 1969, a collision occurred between the engine of a train owned and operated by Canadian National Railway Company and an automobile owned and being operated by one Arthur Kuehner at the Holloway Bay Road grade crossing in the Town of Sherkston...

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