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Mahnken Building Material Co. v. Long Island Railroad

164 A.D. 899 Court N.Y. App. Div. English

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p. 899
The Mahnken Building Material Company, Respondent, v. The Long Island Railroad Company, Appellant.

Judgment and order of the County Court of Queens county reversed, and new trial ordered, costs to abide the event, upon the ground that the evidence does not show that the defendant’s servants did not make all reasonable effort to stop the train after discovering that the plaintiff’s driver unduly delayed removing his trespassing truck from the defendant’s track. Jenks, P. J., Burr, Thomas, Rich and Stapleton, JJ., concurred.