Kaproli v. Central R.R. of N.J.

The opinion of the court was delivered by

Kays, J.

On or about April 4th, 1925, the plaintiff, an infant four years old, was playing with other children in a vacant lot adjoining the right of way of the defendant railroad company. A freight train was moving by over the right of way while the plaintiff was at' play and had slowed down at the particular place where the children were playing. The tracks of the railroad company ran through a cut at this particular place, which cut varied from two and one-half to eight feet in depth, and was situate in the borough of Carteret, Middlesex county, Mew…