Consolidated Rail Corp. v. Cosgrove

Appeal from a judgment of the Supreme Court (Bradley, J.), entered July 11, 1994 in Sullivan County, upon a decision of the court in favor of defendants.

On February 2, 1986, defendants were snowmobiling in the *690Town of Tusten, Sullivan County. As they attempted, to cross railroad tracks owned by plaintiff, a ski on defendant Clara Cosgrove’s snowmobile became lodged under a rail. Before they could dislodge the snowmobile, they noticed a train approaching. In an effort to avoid a collision with the snowmobile, the conductor of the train, Marcus Chacona, applied the emergency brakes but…