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Hicks v. Erie Railroad Company

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 2, 1960
10 A.D.2d 795 (N.Y. App. Div. 1960)

Opinion

March 2, 1960

Appeal from the Niagara Trial Term.

Present — Williams, P.J., Bastow, Halpern, McClusky and Henry, JJ.


Judgment and order unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: The court should have charged that, at a grade crossing, a railroad train has the right of way over an automobile on the intersecting highway ( Caledonia Ins. Co. v. Erie R.R. Co., 219 App. Div. 685; 1 Encyclopedia, New York Law of Automobiles, § 851; 4 N.Y. Juris., Automobiles, § 543). The defendant's request to charge with respect to this point may have been somewhat prolix but it sufficiently directed the court's attention to the deficiency in its charge.


Summaries of

Hicks v. Erie Railroad Company

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 2, 1960
10 A.D.2d 795 (N.Y. App. Div. 1960)
Case details for

Hicks v. Erie Railroad Company

Case Details

Full title:GEORGE M. HICKS, Respondent, v. ERIE RAILROAD COMPANY, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 2, 1960

Citations

10 A.D.2d 795 (N.Y. App. Div. 1960)

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