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BARTRAM v. GEBHARDT

276 A.D. 808 (1949)

Bessie Bartram, Respondent, v. Raymond L. Gebhardt et al, as Trustees of New York, Ontario and Western Railway, Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 29, 1949.

Plaintiff was a passenger in a motor vehicle operated by her son, the defendant O'Dell, who does not appeal. The railroad for which the appellants are trustees, maintained a grade crossing over a State highway. It is undisputed that adjacent to the northerly rail there was a hole in the pavement two feet, five inches in length, measured along the rail, six inches wide at its widest part, and three inches deep; and that adjacent to...

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