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VAN HOUTEN v. NEW YORK, NEW HAVEN & HARTFORD R.R. CO.

286 A.D. 875 (1955)

Richard Van Houten, an Infant, by Herbert Van Houten, His Guardian ad Litem, et al., Respondents, v. New York, New Haven and Hartford Railroad Company, Appellant

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

June 20, 1955.

Judgment entered on the verdict of a jury in favor of plaintiffs reversed on the law, with costs, and the complaint dismissed. The findings implied by the verdict, that the two men were employees of the appellant, and that their conduct caused the injuries, are not affirmed.

There is no evidence which identifies the two men or shows that they acted on behalf of appellant. Nor does the evidence support a finding that there...

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