GILLIARD v. LONG ISLAND R. R. CO.


45 N.Y.2d 996 (1978)

Joseph A. Gilliard, Jr., et al., Respondents, v. Long Island Railroad Company, Appellant.

Court of Appeals of the State of New York.

Decided November 28, 1978.


Attorney(s) appearing for the Case

William F. McNulty, George M. Onken, Anthony J. McNulty and William Pallas for appellant.

Anthony J. De Marco, Jr., for respondent.

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


MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial granted, limited to the issue of liability only, with costs to abide the event.

During the trial two of the plaintiffs' witnesses, over the objection of the defendant, were permitted to testify that six years prior to the accident in issue there had been another accident between a train and an automobile at the same intersection. This...

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