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SCHOENFELD v. LONG ISLAND RAIL RD. CO.

277 A.D. 780 (1950)

Mildred J. Schoenfeld, as Administratrix of The Estate of Herman J. Schoenfeld, Deceased, Respondent, v. Long Island Rail Road Company, Appellant

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

May 8, 1950.

It was error for the court to permit plaintiff's witness Barry to testify to a statement made by defendant's fireman Wicks, after the accident, that when the train was a "couple of car lengths from the crossing", he noticed "the rays from a car's headlights", and to a statement made by defendant's engineer Sephton, after the accident, that he did not see the watchman on approaching the crossing where the accident happened. These...

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