ROBINSON v. LONG ISLAND R.R.


48 A.D.2d 910 (1975)

Marjorie A. Robinson, as Administratrix of The Estate of Garrett D. Robinson, Deceased, Respondent, v. Long Island Railroad et al., Appellants

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

June 23, 1975


Judgment affirmed, with costs.

Plaintiff's decedent died as a result of injuries sustained when the automobile he was driving was struck at a grade crossing by a train owned by defendant Long Island Railroad and operated by defendant King. The main issue at the trial was whether King blew the train's whistle at the whistle post before the crossing. The conflicting testimony on this point presented a question of fact which the jury resolved in favor of plaintiff and...

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