Baumann v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Madeline Baumann (hereinafter plaintiff) was injured when a railroad crossing gate arm, located at the grade crossing of defendant’s tracks and the William Floyd Parkway in Shirley, broke off its hinges and fell on top of her while she was walking across the tracks. Apparently, the accident occurred when a shear pin in the crossing gate broke. Relying on the doctrine of res ipsa loquitur to establish the defendant’s negligence, plaintiff and witnesses to the accident testified at trial as to the circumstances surrounding the accident. No further testimony or evidence was offered by plaintiff…
2Cases cited14 opinions
- Sweeney v. ErvingSupreme Court of the United States · 1913
- George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
- Corcoran v. Banner Super Market, Inc.New York Court of Appeals · 1967
- Fogal v. Genesee HospitalAppellate Division of the Supreme Court of the State of New York · 1973
- Plumb v. . Richmond Light R.R. Co.New York Court of Appeals · 1922
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3Cited by6 opinions
- DeFoe Corp. v. Semi-Alloys, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
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- Bouchard v. Canadian Pacific, Ltd.Appellate Division of the Supreme Court of the State of New York · 1999
- Allstate Insurance v. Long Island Lighting Co.Nassau County District Court · 1997
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