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E. MOWER & SON, INC. v. CONSOL. RAIL CORP.

249 A.D.2d 809 (1998)

671 N.Y.S.2d 833

E. Mower & Son, Inc., Appellant, v. Consolidated Rail Corporation, Respondent

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

April 23, 1998

Peters, J.

On October 12, 1995, plaintiff's driver, Richard Valk, was delivering a load of gypsum to Independent Cement Plant in the Town of Catskill, Greene County. Fully familiar with this route, Valk noted that railroad tracks crossed the access road, visible from US Route 9W as it ran parallel to the tracks. Valk testified that there were no warning signs or gates at such crossing, but that there were markings on the ground and warning lights posted...

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