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JAMES v. METRO NORTH COMMUTER R.R.

166 A.D.2d 266 (1990)

Richard James, Respondent, v. Metro North Commuter Railroad, Appellant

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

October 16, 1990

This personal injury action arises from an incident in which plaintiff was struck by a train operated by the defendant. The 27-year-old plaintiff was fishing on the banks of the Hudson River near Ossining, New York, at a location near defendant's unguarded railroad tracks. When plaintiff entered the tracks to retrieve his brother's dog, he was struck by an oncoming train operated by engineer William Colbert.

Plaintiff commenced...

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