BAUMANN v. LONG ISLAND R.R.


110 A.D.2d 739 (1985)

Madeline Baumann et al., Appellants, v. Long Island Railroad, Respondent

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

April 15, 1985


Judgment affirmed, with costs.

Madeline Baumann (hereinafter plaintiff) was injured when a railroad crossing gate arm, located at the grade crossing of defendant's tracks and the William Floyd Parkway in Shirley, broke off its hinges and fell on top of her while she was walking across the tracks. Apparently, the accident occurred when a shear pin in the crossing gate broke. Relying on the doctrine of res ipsa loquitur to establish the defendant's negligence, plaintiff...

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