Skzypek v. Long Island Railroad

Hagarty, J. (dissenting).

I dissent and vote to affirm.

Plaintiff’s intestate, while crossing defendant railroad’s right-of-way, was killed by coming in contact with the third rail, which was protected by a board covering. The complaint was dismissed at the close of the plaintiff’s case. Plaintiff does not claim that there was a street crossing or public right-of-way at the point where his intestate met her death, but contends that a question of fact was presented as to whether or not, by reason of long usage by the public, the defendant had acquiesced in such crossing by pedestrians at the…