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GOTTSCHALK v. CONSOLIDATED RAILROAD CORPORATION

No. 77 Civ. 2581(MP).

460 F.Supp. 592 (1978)

Philip E. GOTTSCHALK, Plaintiff, v. CONSOLIDATED RAILROAD CORPORATION, Defendant.

United States District Court, S. D. New York.

November 8, 1978.

Attorney(s) appearing for the Case

Rosen & Rosen, Monticello, N. Y., for plaintiff, by Robert M. Rosen, Monticello, N. Y., of counsel.

Robert M. Peet, New York City, for defendant, by Henry W. Herbert, New York City, of counsel.

SUPPLEMENTAL OPINION

POLLACK, District Judge.

The plaintiff leases from the defendant three parcels of land that are within the defendant's right of way and parallel to its tracks. The leases exculpate the defendant from liability for negligent damage to the leased parcels. On September 11, 1976, a part failed on one of the defendant's trains, and the train derailed and destroyed buildings that the plaintiff had erected on the leased parcels. Pleading the...

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