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LO CASTO v. LONG IS. R. R. CO.

6 N.Y.2d 470 (1959)

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

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Peter J. Reilly, Marvin N. Rosen and Michael R. Di Tomasso for appellants.

William F. McNulty and William J. O'Brien for respondent.

Judges DYE, FULD, VAN VOORHIS and BURKE concur with Judge DESMOND; Chief Judge CONWAY dissents in an opinion in which Judge FROESSEL concurs.

DESMOND, J.

This negligence action was brought because of the injuries suffered by the infant plaintiff Vincent Lo Casto, who at the time of the accident was six years old. The trial resulted in jury verdicts for Vincent and his father. However, the Appellate Division unanimously reversed the judgment for plaintiffs on the law although affirming the facts. The Appellate Division's memo, after stating that the...

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