Girvin v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William J. Girvin, an infant, by Frank E. Wade, Ms guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 10th day of March, 1899, upon á dismissal of the complaint by direction of the court after a trial before the court and a jury, and also from an order entered in said, clerk’s office on the 3d day of April, 1899, denying the plaintiff’s motion for a…
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Appeal by the plaintiff, William J. Girvin, an infant, by Frank E. Wade, Ms guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 10th day of March, 1899, upon á dismissal of the complaint by direction of the court after a trial before the court and a jury, and also from an order entered in said, clerk’s office on the 3d day of April, 1899, denying the plaintiff’s motion for a new trial made upon the minutes.
1DissentMcLennan, J.
On the 8th day of "December, 1897, the defendant was engaged in running a freight train, composed of box and flat cars, from the works of the Solvay Process Company, adjoining the city of Syracuse on the west, to its yards in said city.. Upon that day the plaintiff, who was then about fourteen years of age, with other boys boarded the train as it was leaving the village to ride to the city. Concededly the plaintiff had no right upon the' train, was not there by invitation of the defendant, and it was the duty of the trainmen to prevent all persons other than employees from riding thereon.
While…
2Cases cited10 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Wright v. . HartNew York Court of Appeals · 1905
- Mali v. . LordNew York Court of Appeals · 1868
- Quinlan v. . WelchNew York Court of Appeals · 1894
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