SCHOLL v. NEW YORK CENT. R.R. CO.


2 A.D.2d 989 (1956)

Gerald P. Scholl, an Infant by Viola Scholl, 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, Second Department.

December 17, 1956


Judgment reversed on the law and the facts, without costs, and complaint dismissed.

The infant was injured as a consequence of climbing upon a power transmission tower or "pole" and coming in contact with a high voltage wire, strung across the pole, when he reached a point about 18 feet above the ground. The pole was located on the westerly side of appellant's right of way, adjacent to the Bronx River Parkway, and on the opposite side of the tracks from a public playground...

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