Miller v. Town of Fenton

Even resolving all of the inconsistencies in the record in favor of plaintiffs and viewing the evidence in a light most favorable to them, I agree with Supreme Court’s finding that a superseding cause broke the chain of causation between the alleged omissions of defendant Delaware and Hudson Railroad Corporation (hereinafter defendant) and the accident — the negligence of plaintiff Cheryl L. Miller (hereinafter plaintiff) in failing to approach the uncontrolled railroad crossing with which she was fully familiar with suf*743ficient caution to avoid being in the train’s path. Accordingly, I…