Judgment and order reversed on the law and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
The question of whether defendant's train was standing upon the crossing as the plaintiff's automobile approached was sharply contested. The evidence disclosed that the crossing was provided with the warning signs required by sections 53 and 53-a of the Railroad Law. Under such circumstances, we feel the court was in error in refusing...
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