DAVIS v. LONG ISLAND R. R. CO.


301 N.Y. 450 (1950)

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

Court of Appeals of the State of New York.

Decided November 30, 1950


Attorney(s) appearing for the Case

Benjamin H. Siff and Theodore I. Welenken for appellant.

William F. McNulty, Richard R. Bongartz, William J. O'Brien and John McKim Minton for respondent.

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


LEWIS, J.

The plaintiff's intestate met death in a railroad grade crossing accident which occurred in the village of Bellmore, Nassau County, at a point where three tracks of the defendant intersect Bellmore Avenue — a north-south thoroughfare — at right angles. From that grade crossing easterly for a distance of 3,000 feet the defendant's right of way is straight. As a measure of public safety,...

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