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DAVIS v. LONG ISLAND RAIL RD. CO.

276 A.D. 975 (1950)

Charlotte A. Davis, as Administratrix of The Estate of Joseph P. Davis, Deceased, Respondent, v. Long Island Rail Road Company, Appellant

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

February 20, 1950.

Appeal from order denying appellant's motion to dismiss the complaint, to set aside the verdict and for a new trial dismissed, without costs.

The findings, implied by the verdict, that there was no whistle signal from the train and that the flasher lights at the crossing were not operating, are affirmed. The testimony that the approaching train was not visible to the decedent for a sufficient time within which to permit the...

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