Opinion · Nylaw New York

KROWTZOFF v. LONG ISLAND RAILROAD COMPANY, 242 App. Div. 834 (1934)

242 App. Div. 834

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1934-01-01
Topic: general

KROWTZOFF v. LONG ISLAND RAILROAD COMPANY, 242 App. Div. 834 (1934) SIDNEY KROWTZOFF, an Infant, by SAM KROWTZOFF, His Guardian ad Litem, andSAM KROWTZOFF, Appellants, v. THE LONG ISLAND RAILROAD COMPANY, Respondent.Appellate Division of the Supreme Court of New York, Second Department. November, 1934.

Citator

UpLaw has not yet analyzed KROWTZOFF v. LONG ISLAND RAILROAD COMPANY, 242 App. Div. 834 (1934). The absence of a flag is not a finding that it is good law.

KROWTZOFF v. LONG ISLAND RAILROAD COMPANY,242 App. Div. 834(1934)

SIDNEY KROWTZOFF, an Infant, by SAM KROWTZOFF, His Guardian ad Litem, and

SAM KROWTZOFF, Appellants, v. THE LONG ISLAND RAILROAD COMPANY, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

November, 1934.

The infant plaintiff came in contact with a live wire strung eighteen feet above the ground in the defendant's privately-owned freight yard, his contact with the wire resulting from his going to the top of a freight car, which was over fourteen feet from the ground, and on top of which freight car was the body of another boy who was admittedly a trespasser and who had been hurt by the wire; the claim of the infant plaintiff being that he was engaged in a "rescue" of the first injured boy. The trial court dismissed the complaint at the close of the plaintiffs' case. Judgment unanimously affirmed, with costs, this court being of opinion that no negligence on the part of the defendant was established. Present Lazansky, P.J., Kapper, Hagarty, Scudder and Davis, JJ.