Martin v. Fonda Railroad
This text of 225 A.D. 835 (Martin v. Fonda Railroad) 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.
Opinion
Judgment and order affirmed, with costs. Davis, Hinman, Whitmyer and Hill, JJ., concur; Van Kirk, P. J., dissents on the ground that plaintiff failed to show that she was free from contributory negligence; she could see the gas car approaching when she was thirty feet from the nearest rail; she was familiar with the crossing. (Raymer v. Rutland R. R. Co., 204 App. Div. 135; Cassidy v. Fonda, J. & G. R. R. Co., 200 id. 241; affd., 234 N. Y. 599; Bowden v. Lehigh Valley R. R. Co., 178 App. Div. 413; affd., 226 N. Y. 648; Avery v. N. Y., O. & W. R. Co., 205 id. 502; Baltimore & Ohio R. R. Co. v. Goodman, 275 U. S. 66.)
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225 A.D. 835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-fonda-railroad-nyappdiv-1929.