McIvor v. New York, New Haven & Hartford Railroad

Appellate Division of the Supreme Court of New York

McIvor v. New York, New Haven & Hartford Railroad

10 A.D.2d 961, 201 N.Y.S.2d 681, 1960 N.Y. App. Div. LEXIS 10156

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

DecidedMay 9, 1960

StatusPublished

Cited by2 cases

This text of 10 A.D.2d 961 (McIvor v. New York, New Haven & Hartford Railroad) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McIvor v. New York, New Haven & Hartford Railroad, 10 A.D.2d 961, 201 N.Y.S.2d 681, 1960 N.Y. App. Div. LEXIS 10156 (N.Y. Ct. App. 1960).

Pincite

Opinion

In an action by an infant to recover damages for personal injuries and by his father for loss of services and medical expenses, the defendant appeals from a judgment of the City Court of Mount Vernon, entered January 19, 1959 on a jury’s verdict in favor of the infant plaintiff. It appears that the infant was injured when he fell from the bottom step of a railroad car upon which he was standing as the train was pulling into a station. The testimony is that the infant was pushed off the step by his fellow high-school students who were anxious to get to a waiting school bus. The complaint alleges that defendant’s negligence consisted of permitting its train to become, and to remain, dangerously overcrowded. The evidence establishes that toe infant could have remained in a safe place and that the alleged crowd did not force him to take a position on the bottom step of the railroad car. Judgment reversed on the law and the facts, with costs, and complaint dismissed. The evidence is insufficient to support a finding that the injury was caused by defendant’s negligence, or that the crowd was so large and unmanaged that the infant was restricted and unable to protec1 himself. (Cross v. Murray, 260 App. Div. 1030; Hanshew v. Lehigh Val. R. R. Co., 247 App. Div. 784; Commerford v. Interborough R. T. Co., 199 App. Div. 852.) Beldock, Acting P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.

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In an action by an infant to recover damages for personal injuries and by his father for loss of services and medical expenses, the defendant appeals from a judgment of the City Court of Mount Vernon, entered January 19, 1959 on a jury’s verdict in favor of the infant plaintiff. It appears that the infant was injured when he fell from the bottom step of a railroad car upon which he was standing as the train was pulling into a station. The testimony is that the infant was pushed off the step by his fellow high-school students who were anxious to get to a waiting school bus. The complaint alleges that defendant’s negligence consisted of permitting its train to become, and to remain, dangerously overcrowded. The evidence establishes that toe infant could have remained in a safe place and that the alleged crowd did not force him to take a position on the bottom step of the railroad car. Judgment reversed on the law and the facts, with costs, and complaint dismissed. The evidence is insufficient to support a finding that the injury was caused by defendant’s negligence, or that the crowd was so large and unmanaged that the infant was restricted and unable to protec1 himself. (Cross v. Murray, 260 App. Div. 1030; Hanshew v. Lehigh Val. R. R. Co., 247 App. Div. 784; Commerford v. Interborough R. T. Co., 199 App. Div. 852.) Beldock, Acting P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.

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Bluebook (online)

10 A.D.2d 961, 201 N.Y.S.2d 681, 1960 N.Y. App. Div. LEXIS 10156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcivor-v-new-york-new-haven-hartford-railroad-nyappdiv-1960.

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