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Di Domenico v. New York Central & Hudson River Railroad

140 A.D. 942 Court N.Y. App. Div. English

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Majority

p. 942
Amelia Di Domenico, as Administratrix, etc., of Salvatore Di Domenico, Deceased, Respondent, v. The New York Central and Hudson River Railroad
p. 943
Company, Appellant.

Judgment and order reversed, on the ground that the plaintiff did not show any such established crossing as made it the duty of the defendant to give warning of the approach of trains, and also that there is no proof that the injury was caused by the failure of the defendant to give signal of the approach of the train, and a new trial granted, with costs to appellant to abide event. All concurred; Kellogg and Cochrane, JJ., in result.