Legal Opinion
Van Houten v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Decided May 26, 1952PublishedCited by 5 opinions
1Opinion of the Court
The infant plaintiff, a trespasser on defendant’s property, was playing on top of freight ears standing on defendant’s track and was injured when he came in contact with a high voltage catenary wire suspended above the track to furnish power for the operation of trains. Plaintiffs established that similar, prior accidents had occurred on defendant’s right of way in the same general area and adduced proof tending to show that defendant did not so guard or fence its property as to prevent children from entering thereon. Judgment unanimously affirmed, with costs. The defendant owed the infant…
2Cases cited5 opinions
- Morse v. Buffalo Tank Corp.New York Court of Appeals · 1939
- Nilsen v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1944
- Nilsen v. Long Island Railroad CompanyNew York Court of Appeals · 1946
- Ralff v. Long Island Rail Road CompanyNew York Court of Appeals · 1944
- Krowtzoff v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1934
3Cited by5 opinions
- O'Connor v. G & R Packing Co.Appellate Division of the Supreme Court of the State of New York · 1980
- Kanaley v. Delaware, Lackawanna & Western RailroadCourt of Appeals for the Second Circuit · 1959
- Scholl v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1956
- Kanaley v. Delaware, Lackawanna & Western Railroad Co.Court of Appeals for the Second Circuit · 1959
- Ziehm ex rel. Ziehm v. Chesapeake & Ohio Railway Co.Appellate Division of the Supreme Court of the State of New York · 1966