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Hunter v. Erie Railroad Co.

Decided: December 18, 1956.

RALPH G. HUNTER, ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF GAIL HUNTER, DECEASED, PLAINTIFF,
v.
ERIE RAILROAD COMPANY, A CORPORATION OF THE STATE OF NEW YORK, EDWARD C. MORGAN, SR., INDIVIDUALLY, AND AS ADMINISTRATOR AD LITEM OF THE ESTATE OF CHARLES E. MORGAN, DECEASED, DEFENDANTS



Hall, J.s.c.

Hall

The motion for decision relates to requests for admissions served by plaintiff on defendant Edward C. Morgan, Sr., individually and as administrator ad litem of the estate of Charles E. Morgan, deceased.

The factual situation underlying the cause of action sued on is as follows: Plaintiff's decedent was one of three occupants of an automobile owned by defendant Morgan. One of the other occupants was decedent Charles E. Morgan, son of Edward. The car was struck by a train of defendant railroad at a grade crossing, and plaintiff's decedent and Charles E. Morgan were killed as a result. The third occupant, Gail Stewart, survived. Plaintiff alleges that Charles Morgan was the driver of the car, with the permission of Edward, and that the death of his decedent was

caused by the negligence of Charles Morgan and the railroad company.

Plaintiff served the requests for admissions, those here in dispute being substantially as follows:

Request No. 2, that on the day in question Charles Morgan was operating the car with the permission, expressed or implied, of Edward Morgan.

Request No. 4, that immediately prior to the accident the devices controlled by the railroad warning motorists of the existence of the crossing were operating.

Request No. 5, that immediately prior to the accident the whistle of the train was blowing.

Request No. 6, that immediately prior to the accident plaintiff's decedent and Gail Stewart were passengers in the car and were sitting in the front seat with Charles Morgan.

Request No. 7, that immediately prior to the occurrence the radio in the car was operating.

Request No. 8, that immediately prior to the accident the car ...


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