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HEALY v. CONSOL. RAIL CORP.

157 A.D.2d 507 (1990)

Leon Healy et al., Appellants, v. Consolidated Rail Corporation, Respondent and Third-Party Plaintiff. AMF, Inc., Third-Party Defendant-Respondent

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

January 16, 1990

Plaintiff's automobile was struck by defendant's train as the plaintiff was proceeding across a "grade crossing" in Springdale, Connecticut. Based primarily upon the testimony of defendant's engineer, who stated that he saw the proper warning lights working as plaintiff and the train approached the crossing, and the testimony of a responding police officer and defendant's employee, who stated that the system was still operating...

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