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MAJKA v. HASKELL

301 N.Y. 206 (1950)

Stanley Majka, Appellant, v. George A. Haskell et al., Defendants, and City of Buffalo, Respondent.

Court of Appeals of the State of New York.

Decided July 11, 1950

Attorney(s) appearing for the Case

Edward B. Horning for appellant.

Fred C. Maloney, Corporation Counsel (Bart J. Shanahan of counsel), for respondent.

LOUGHRAN, Ch. J., CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

LEWIS, J.

South Park Avenue in the city of Buffalo is a main east-west thoroughfare which, by means of a viaduct, spans the parallel rights of way of the New York Central and the Erie railroads. The total length of that viaduct including ramps leading up from either end is between 2,000 and 2,500 feet. In the center of the ramps and viaduct is a paved roadway 42 feet wide designed for vehicular traffic. To accommodate...

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