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O'Brien v. Rutland Railroad

243 A.D. 833 Court N.Y. App. Div. English

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p. 833
Mary C. O’Brien, Respondent, v. Rutland Railroad Company, Appellant.

On December 2, 1933, plaintiff intended to become a passenger on defendant’s train at Alburg, Vt. While passing from the station platform along a cinder pathway to reach her train she fell between the rails and sustained injuries. The accident happened on a dark night and plaintiff testified that the pathway was

p. 834
insufficiently lighted. Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., MeNamee, Crapser, Bliss and Heffernan, JJ.