Walsh v. Fitchburg Railroad
New York Supreme Court
Appeal from circuit court, Rensselaer county. Action by James Walsh, an infant, by Sarah Walsh, his guardian ad litem, against the Fitchburg Railroad Company, for personal injuries. From a judgment entered on a Verdict in favor of plaintiff, defendant appeals. Affirmed.
1Opinion of the CourtMayham, P. J.
The plaintiff, James Walsh, aged about five years, went upon the premises of the defendant, in company with other children, and, while playing upon a railroad turntable of the defendant, was injured. The turntable was located on the line of the defendant’s railroad. This turntable was located in an open space in the city of Troy, and pedestrians were in the habit, without any special consent or objection of the defendant, of passing over this space near the turntable, in going from one point or street in the city to another. It is also in proof that children were in the habit of playing upon…
2Cases cited11 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- Mangam v. . Brooklyn R.R. Co.New York Court of Appeals · 1868
- Kunz v. . City of TroyNew York Court of Appeals · 1887
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3Cited by4 opinions
- Flaherty v. Metro Stations, Inc.Appellate Division of the Supreme Court of the State of New York · 1922
- Coleman v. Robert Graves Co.New York Supreme Court · 1902
- Cross v. City of ElmiraNew York Supreme Court · 1895
- Howley v. KraemerAppellate Terms of the Supreme Court of New York · 1901