Krotz v. CSX Corp.

Appellate Division of the Supreme Court of New York

Krotz v. CSX Corp.

115 A.D.2d 310, 496 N.Y.S.2d 190, 1985 N.Y. App. Div. LEXIS 54580

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 15, 1985

StatusPublished

Cited by10 cases

This text of 115 A.D.2d 310 (Krotz v. CSX Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Krotz v. CSX Corp., 115 A.D.2d 310, 496 N.Y.S.2d 190, 1985 N.Y. App. Div. LEXIS 54580 (N.Y. Ct. App. 1985).

Pincite

Opinion

Order unanimously affirmed, with costs. Memorandum: Plaintiff’s intestate was killed when his car collided with a train at a railroad crossing. Plaintiff claims that the owners of the property abutting the intersection of the highway and the railroad right-of-way are liable for uncut bushes on their property which obstructed the decedent’s view of the oncoming train. We agree with Special Term that there is no common-law duty imposed upon a landowner to control the vegetation on his property for the benefit of users of a public highway (see, Prosser and Keeton, Torts § 57, at 390 [5th ed]; see also, Hayes v Malkan, 26 NY2d 295). (Appeals from order of Supreme Court, Livingston County, Houston, J. —summary judgment.) Present—Dillon, P. J., Denman, Boomer, Green and O’Donnell, JJ.

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Order unanimously affirmed, with costs. Memorandum: Plaintiff’s intestate was killed when his car collided with a train at a railroad crossing. Plaintiff claims that the owners of the property abutting the intersection of the highway and the railroad right-of-way are liable for uncut bushes on their property which obstructed the decedent’s view of the oncoming train. We agree with Special Term that there is no common-law duty imposed upon a landowner to control the vegetation on his property for the benefit of users of a public highway (see, Prosser and Keeton, Torts § 57, at 390 [5th ed]; see also, Hayes v Malkan, 26 NY2d 295). (Appeals from order of Supreme Court, Livingston County, Houston, J. —summary judgment.) Present—Dillon, P. J., Denman, Boomer, Green and O’Donnell, JJ.

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Bluebook (online)

115 A.D.2d 310, 496 N.Y.S.2d 190, 1985 N.Y. App. Div. LEXIS 54580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krotz-v-csx-corp-nyappdiv-1985.

Opinion

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