Appellate Division of the Supreme Court of New York, 1921

Permento v. Story

Permento v. Story
Appellate Division of the Supreme Court of New York · Decided June 15, 1921
198 A.D. 913
Permento v. Story

Opinion of the Court

Judgment unanimously affirmed, with costs, upon authority of Weigand v. United Traction Co. (221 N. Y. 39); Dolfini v. Erie R. R. Co. (178 id. 1); Farrell v. Fire Insurance Salvage Corps. (189 App. Div. 795). In Austin v. Long Island R. R. Co. (69 Hun, 67; affd., 140 N. Y. 639), and Kaplan v. Posner (192 App. Div. 59), cited by appellant, there was evidence of obstructions to plaintiff’s view of the approaching train or vehicle, which is entirely absent in the case at bar. In the case at bar plaintiff testified that there was no obstruction. Present — Blackmar, P. J., Rich, Kelly, Jaycox and Manning, JJ.

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