VAN HOUTEN v. LONG ISLAND RAIL RD. CO.


279 A.D. 1099 (1952)

Richard Van Houten, an Infant, by Herbert Van Houten, His Guardian ad Litem, et al., Appellants, v. Long Island Rail Road Company, Respondent

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

May 26, 1952.


Judgment unanimously affirmed, with costs.

The defendant owed the infant plaintiff no duty other than to refrain from affirmative acts of negligence or from willfully and intentionally injuring him. (Ralff v. Long Island R. R. Co., 266 App. Div. 794, affd. 292 N.Y. 656; Nilsen v. Long Island R. R. Co., 268 App. Div. 782, affd. 295 N.Y. 721; Krowtzoff v. Long Island R. R. Co., 242 App. Div. 834, motion for leave to appeal denied 266 N.Y. 1v;

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