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SWARTOUT v. CONSOLIDATED RAIL CORPORATION

294 A.D.2d 785 (2002)

742 N.Y.S.2d 721

KEITH M. SWARTOUT, Respondent, v. CONSOLIDATED RAIL CORPORATION, Appellant.

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

Decided May 23, 2002.

Peters, J.

This personal injury action was commenced pursuant to the Federal Employers' Liability Act (45 USC § 51 et seq. [hereinafter FELA]) to recover damages for injuries allegedly sustained during the course of employment. According to plaintiff, on May 19, 1995, while operating a manual switch in a weedy area several feet from railroad tracks near the Town of Newburgh, Orange County, he was bitten by a...

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