Merriman v. Baker

On March 10, 1971, the 20-year-old infant plaintiff, Christine Carrico, while walking on the abandoned passenger platform of the defendant, Penn Central Transportation Company in Auburn, New York, slipped and fell beneath the wheels of a passing train, losing both of her legs below the knee. From a jury verdict awarding her $175,000 and $25,000 to her mother for medical expenses and loss of her daughter’s services, the railroad has appealed, claiming that the action is barred by section 83 of the Railroad Law.

That statute provides, in pertinent part, that “ no person other than those * * *…