Hyperlawhypertext legal database Mahnken Building Material Co. v. Long Island R. 148 N.Y.S. 1128

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Mahnken Building Material Co. v. Long Island R.

148 N.Y.S. 1128 Court N.Y. App. Div. Decision date 1914-07-31 English

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p. 1128
MAHNKEN BUILDING MATERIAL CO., Respondent, v. LONG ISLAND R. CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
July 31, 1914.)

Headnote

Action by the Mahnken Building Material Company against the Long Island Railroad Company.

No opinion. 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 trac k.