MYERS v. NEW YORK CENT. R. R. CO.


277 A.D. 745 (1951)

Clayton Myers, Jr., an Infant, by Clayton Myers, His Guardian ad Litem, et al., Respondents, v. New York Central Railroad Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 7, 1951.


Attorney(s) appearing for the Case

Harry H. Flemming for appellant.

Bernard Meyerson and Harry H. Lipsig for respondents.

FOSTER, P. J., HEFFERNAN, BREWSTER and BERGAN, JJ., concur.


COON, J.

The action is in negligence and the complaint alleges that the infant plaintiff was negligently struck by defendant's train on or about the 27th day of September, 1949, at about 10:45 A.M. The answer is substantially a general denial. Plaintiffs served a notice upon defendant of intention to examine the defendant by its engineman, fireman, conductor and brakemen before trial at a Special Term of the Supreme...

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