Legal Opinion

Budik v. CSX Transportation, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided October 20, 2011PublishedCited by 3 opinions

1Opinion of the CourtLahtinen, J.

Plaintiffs husband died as a result of injuries sustained when a train of defendant CSX Transportation, Inc. struck his Toyota Tacoma pickup truck at a private railroad crossing in the Town of Saugerties, Ulster County. The crossing was part of a private road that plaintiff and decedent used to gain access to their home. It was located in a general area where there are several private crossings and, at some of the crossings, there reportedly had been many previous accidents between trains and vehicles. Shortly after 6:00 a.m. on April 7, 2005, decedent was driving west on the private road…

2Cases cited8 opinions

  1. Noseworthy v. City of New YorkNew York Court of Appeals · 1948
  2. Dedra Shanklin, Individually and as Next Friend of Her Son Jessie Guy Shanklin v. Norfolk Southern Railway Co.Court of Appeals for the Sixth Circuit · 2004
  3. Peters v. Union Pacific RailroadDistrict Court, W.D. Missouri · 2006
  4. Tenkate v. MooreAppellate Division of the Supreme Court of the State of New York · 2000
  5. Berliner v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1991

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3Cited by3 opinions

  1. McKenna v. RealeAppellate Division of the Supreme Court of the State of New York · 2016
  2. Guimond v. Village of KeesevilleAppellate Division of the Supreme Court of the State of New York · 2014
  3. Guimond v. Village of KeesevilleAppellate Division of the Supreme Court of the State of New York · 2014

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