HESSNER v. DELAWARE & HUDSON RY. CO.


38 N.Y.2d 906 (1976)

Joseph Hessner, Respondent, v. Delaware and Hudson Railway Company, Appellant. Emil J. Jubrey, Respondent, v. Delaware and Hudson Railway Company, Appellant.

Court of Appeals of the State of New York.

Decided February 19, 1976.


Attorney(s) appearing for the Case

William J. Pentak for appellant.

John W. Rehfuss and John J. McCall for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division is affirmed, with costs. The record contains sufficient evidence to support the jury's finding of negligence on the part of defendant in that the plaintiff operator and two disinterested witnesses testified that no bell, horn, whistle or warning was sounded as the train approached the crossing. It is noteworthy, indeed, that the sole dissenter at the Appellate Division found...

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