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McMAHON v. COLLINS LUMBER CORP.

55 A.D.2d 974 (1977)

Yolanda McMahon, Individually and as Administratrix of The Estate of Daniel J. McMahon, an Infant, Deceased, Respondent, v. Collins Lumber Corporation, Appellant. (Action No. 1.) Yolanda McMahon, Individually and as Administratrix of The Estate of Daniel J. McMahon, an Infant, Deceased, Appellant, v. Collins Lumber Corporation, Respondent. (Action No. 2.)

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

January 13, 1977

This action arises from an accident which occurred on February 14, 1969 when the infant plaintiff was struck and killed by a locomotive owned by the Boston and Maine Railroad and operated by one of its engineers. The accident occurred on a sidetrack leased by the Collins Lumber Corporation from the railroad and located between the main track and the adjacent Collins lumberyard property. At the time of the accident the locomotive was being used to clear snow from the track...

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