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HESSNER v. D. & H. RY. CO.

46 A.D.2d 463 (1975)

Joseph Hessner, Respondent, v. Delaware and Hudson Railway Company, Appellant. (Action No. 1.) Emil J. Jubrey, Respondent, v. Delaware and Hudson Railway Company, Appellant. (Action No. 2.)

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

January 16, 1975.

Attorney(s) appearing for the Case

Dugan, Lyons, Murphy, Pentak & Brown (William J. Pentak of counsel), for appellant.

Sullivan, Rehfuss & Cunningham (John W. Rehfuss and John J. McCall of counsel), for respondents.

GREENBLOTT, SWEENEY and KANE, JJ., concur with HERLIHY, P. J.; REYNOLDS, J., dissents and votes to reverse in an opinion.

HERLIHY, P. J.

These negligence actions result from a railroad crossing collision between a tractor trailer operated by plaintiff Hessner and owned by plaintiff Jubrey and a freight train of the defendant. The accident happened on a clear, bright morning at about 7:15 A.M. on June 23, 1970 at a private railroad crossing leading to Norlite Aggregate near the City of Cohoes. The only visible warning was a crossing...

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