McKenna v. New York Central & Hudson River Railroad
New York Court of Common Pleas
Appeal from a judgment entered upon a verdict for plaintiff rendered at a trial, and from an order denying a motion for a new trial upon the minutes. On the morning of the 27th of September, 1877, Michael McKenna, a lad about fifteen years old, a son of the plaintiff, left his parent’s house for the purpose of going to Yonkers. When next seen, the boy was upon the steps- of one of the cars of the defendant’s road going north.
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Appeal from a judgment entered upon a verdict for plaintiff rendered at a trial, and from an order denying a motion for a new trial upon the minutes. On the morning of the 27th of September, 1877, Michael McKenna, a lad about fifteen years old, a son of the plaintiff, left his parent’s house for the purpose of going to Yonkers. When next seen, the boy was upon the steps- of one of the cars of the defendant’s road going north. At about 72d Street he either jumped or fell from the train, and lay in the space between the up and down tracks. At the time of his fall a train was coming down the…
1Opinion of the Court
Van Brunt, J. [after stating the facts as above].
There can be no question but that the admission of evidence in reference to air-brakes was entirely incompetent, because the defendants owed no duty whatever to the deceased to guard him from accident, and can be only held liable for an intentional, wanton, or reckless injury. The deceased had no right to be on the steps of the car from which he fell, or to jump therefrom while the train was in motion ; and the defendants cannot be required to equip their trains for the purpose of avoiding accidents to persons who jump on the track from trains…
2Cases cited2 opinions
- Johnson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1878
- Sutton v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1876
3Cited by2 opinions
- Rosenthal v. New YorkAppellate Division of the Supreme Court of the State of New York · 1906
- Johnson v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1920