McIVOR v. NEW YORK, NEW HAVEN & HARTFORD R.R. CO.


10 A.D.2d 961 (1960)

Patrick McIvor, an Infant by John McIvor, 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.

May 9, 1960


Judgment reversed on the law and the facts, with costs, and complaint dismissed.

The evidence is insufficient to support a finding that the injury was caused by defendant's negligence, or that the crowd was so large and unmanaged that the infant was restricted and unable to protect himself. (Cross v. Murray, 260 App. Div. 1030; Hanshew v. Lehigh Val. R. R. Co., 247 App. Div. 784; Commerford v. Interborough R. T. Co., 199 App...

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