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SMOOT v. NEW YORK SUSQUEHANNA AND WESTERN RY. CORP.

No. 86-CV-1276.

707 F.Supp. 629 (1989)

Gregory SMOOT, Plaintiff, v. The NEW YORK SUSQUEHANNA AND WESTERN RAILWAY CORPORATION, Defendant, Delaware Otsego Corporation, Second Defendant.

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

March 15, 1989.

Attorney(s) appearing for the Case

McClung, Peters and Simon, Albany, N.Y., for plaintiff (Lynda S. Doud, of counsel).

Francis E. Lehner, Albany, N.Y., for defendants (Edward E. Fassett, Jr., of counsel).

MEMORANDUM-DECISION and ORDER

JAMES T. FOLEY, Senior District Judge.

The Plaintiff, Gregory Smoot, was injured on October 2, 1986, when he jumped from a ballast regulator that he was operating just before it collided with a stone train on the tracks of the New York Susquehanna and Western Railway Corporation, (NYS & W), near Ogdensburg, New Jersey. At the time of the accident, plaintiff was an employee on the payroll of Timothy E. Wilsey, General Contractor...

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