Del Costello v. Delaware & Hudson Railway Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Carpinello, J.
On the afternoon of January 15, 1994, plaintiff Philip A. Del Costello (hereinafter plaintiff) was snowmobiling with several companions upon a right-of-way adjacent to railroad tracks owned by defendant when his snowmobile collided with a train. The train was also owned by defendant. According to deposition testimony of the engineer operating the train that day, the northbound snowmobilers were between 50 and 100 yards away when he first observed them. At this time the train, also northbound, was traveling 30 miles per hour and its whistle was blowing since…
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- Scott v. WrightSupreme Court of Iowa · 1992
- Dominick Raspente v. National Railroad Passenger Corp., A.K.A. Amtrak John SpringerCourt of Appeals for the Second Circuit · 1997
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