Casto v. Long Island Rail Road

This negligence action was brought because of the injuries suffered by the infant plaintiff Vincent Lo Casto, who at the time of the accident was six years old. The trial resulted in jury verdicts for Vincent and his father. However, the Appellate Division unanimously reversed the judgment for plaintiffs on the law although affirming the facts. The Appellate Division’s memo, after stating that the findings of fact were affirmed, went on to say: ‘1 The infant was a trespasser who was injured when he slipped and fell from a moving freight car. There was no affirmative act of negligence on the…