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GOTTSCHALK v. CONSOLIDATED R. R. CORP.

No. 77 Civ. 2581 (MP).

469 F.Supp. 254 (1979)

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

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

April 25, 1979.

Attorney(s) appearing for the Case

Rosen & Rosen, Monticello, New York, for plaintiff by Robert M. Rosen, Monticello, New York.

Conboy, Hewitt, O'Brien & Boardman, New York City, for defendant by Henry W. Herbert, New York City.

OPINION

POLLACK, District Judge.

The defendant, Consolidated Railroad Corporation, has moved for summary judgment under Fed.R.Civ.P. 56. For the reasons shown hereafter, its motion will be granted in part and denied in part.

I.

On September 11, 1976, a freight train operated by the defendant derailed, left the roadbed and destroyed buildings and other property of the plaintiff, who now sues for damages. The plaintiff's property was located...

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