AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

DEBRA A. KROTZ, as Administratrix of the Estate of AARON P. KROTZ, Deceased, Appellant, v. CSX CORP. et al., Appellants, and CHARLES BUCKENMEYER et al., Respondents, et al., Defendants.

Order unanimously affirmed, with costs. Memorandum: Plaintiff's intestate was killed when his car collided with a train at a railroad crossing. Plaintiff claims that the owners of the property abutting the intersection of the highway and the railroad right-of-way are liable for uncut bushes on their property which obstructed the decedent's view of the oncoming train. We agree with Special Term that there is no common-law duty imposed upon a landowner to control the vegetation on his property for the benefit of users of a public highway (see, Prosser and Keeton, Torts § 57, at 390 [5th ed]; see also, Hayes v Malkan, 26 N.Y.2d 295).

Use AI to get other relevant cases.

Comments

KROTZ v. CSX CORP
(Nov 15, 1985)