Legal Opinion

Burnes v. Staten Island Rapid Transit Railroad

New York Supreme Court

Decided February 8, 1892PublishedCited by 1 opinion

Appeal from circuit court, Richmond county. Action by Edward Burnes, Jr., by guardian ad litem, against the Staten Island Rapid Transit Railroad Company, to recover damages for personal injuries inflicted on plaintiff in attempting to rescue a child four years old on defendant’s track. There was no evidence that defendant’s engineer, in rounding a curve, could have seen the child on the track at a greater distance than 400 feet.

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Appeal from circuit court, Richmond county. Action by Edward Burnes, Jr., by guardian ad litem, against the Staten Island Rapid Transit Railroad Company, to recover damages for personal injuries inflicted on plaintiff in attempting to rescue a child four years old on defendant’s track. There was no evidence that defendant’s engineer, in rounding a curve, could have seen the child on the track at a greater distance than 400 feet. From a judgment for defendant, plaintiff appeals.

1Opinion of the CourtBarnard, P. J.

Ho negligence upon the part of the railroad company, defendant, was proven. A passenger train going west, consisting of a locomotive and seven passenger-cars, and at a speed of 18 or 20 miles an hour, struck the plaintiff, and injured him. The boy was a brave boy, and was hurt in an attempt to save a smaller boy, being only some four or five years old, who had thoughtlessly got upon the track. The train had passed Jersey street, which is a highway crossing, and liad sounded the signal required by law for a highway crossing. It is about 1,500 or 1,600 feet from Jersey street to the place of…

2Cases cited1 opinion

  1. Chrystal v. . Troy Boston R.R. Co.New York Court of Appeals · 1887

3Cited by1 opinion

  1. White v. New York Central & Hudson River RailroadNew York Supreme Court · 1892

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