Krotz v. CSX Corp.
| Decision Date | 15 November 1985 |
| Parties | Debra A. KROTZ, Administratrix of the Estate of Aaron P. Krotz, Appellant, v. CSX CORP., Chessie System, Inc., Baltimore & Ohio Railroad Co., Chesapeake and Ohio Railroad Co., Appellants, Village of Caledonia, New York, Town of Caledonia, New York, Defendants, Charles Buckenmeyer and Violet S. Buckenmeyer, Respondents. |
| Court | New York Supreme Court — Appellate Division |
Faraci, Guadagnino, Lange & Johns, Rochester by John Krotz, for appellant, Krotz.
Harter, Secrest & Emery, Rochester by Bruce Hanson, for appellants, Railroads.
Miles, Cochrane, Grosse, Rossetti & Chelus, P.C., Buffalo by Charles DiPasquale, for respondents.
Before DILLON, P.J., and DENMAN, BOOMER, GREEN and O'DONNELL, JJ.
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 on Torts, [5th ed. 1984], § 57, p. 390; see also, Hayes v. Malkan, 26 N.Y.2d 295, 310 N.Y.S.2d 281, 258 N.E.2d 695).
Order unanimously affirmed, with costs.
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...remove foliage on his property so that motorists approaching an intersection could see other motorists); Krotz v. CSX Corp., 115 A.D.2d 310, 496 N.Y.S.2d 190, 191 (N.Y.App.Div.1985) (finding no duty requiring a landowner to control vegetation on property for the benefit of users of a public......
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...a landowner to control the vegetation on his property for the benefit of users of a public highway," quoting Krotz v. CSX Corp., 115 A.D.2d 310, 496 N.Y.S.2d 190 (A.D. 4 Dept.1985). See William J. Appel, Annotation, Liability of Private Landowner for Vegetation Obscuring View at Highway or ......
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