KROTZ v. CSX CORP.


115 A.D.2d 310 (1985)

Debra A. Krotz, as Administratrix of The Estate of Aaron P. Krotz, Deceased, Appellant, v. CSX Corp. et al., Appellants, and Charles Buckenmeyer et al., Respondents, et al., Defendants

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

November 15, 1985


Order unanimously affirmed, with costs.

Memorandum:

Plaintiff's intestate was killed when his car collided with a train at a railroad crossing. Plaintiff claims that the owners of the property abutting the intersection of the highway and the railroad right-of-way are liable for uncut bushes on their property which obstructed the decedent's view of the oncoming train. We agree with Special Term that there is no common-law duty imposed upon a landowner to control...

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