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JONES v. GEBHARDT

277 A.D. 935 (1950)

Mary A. Jones, as Administratrix of The Estate of John J. Jones, Deceased, et al., Respondents, v. Raymond L. Gebhardt et al., as Trustees of New York, Ontario and Western Railway Company, Appellants

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

July 13, 1950.

Judgment and order affirmed, with costs.

All concur, except Taylor, P. J., and Vaughan, J., who dissent and vote for reversal and for granting a new trial in the following memorandum:

We dissent and vote for reversal and a new trial. Implicit in the verdict is the finding that the defendant by its act in removing the culvert from underneath the railroad embankment, blocked a watercourse. Plaintiff's engineer gave...

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