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LO CASTO v. LONG ISLAND RAIL RD. CO.

7 A.D.2d 758 (1958)

Anthony Lo Casto, Individually and as Guardian ad Litem of Vincent Lo Casto, an Infant, Respondent, v. Long Island Rail Road Company, Appellant

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

December 30, 1958

Judgment reversed on the law, without costs, and complaint dismissed. The findings of fact are affirmed.

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 part of the appellant which caused the injury (Ralff v. Long Is. R. R. Co., 266 App. Div. 794, affd. 292 N.Y. 656; Nilsen v. Long Is. R. R. Co., 268 App. Div. 782, affd. 295 N.Y. 721; Carbone v. Mackchil...

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