ZIEHM v. CHESAPEAKE & OHIO RY. CO.


25 A.D.2d 934 (1966)

Rudolph Ziehm, Jr., an Infant, by Rudolph Ziehm, His Guardian ad Litem, Respondent, v. Chesapeake and Ohio Railway Company et al., Appellants Rudolph Ziehm, Respondent, v. Chesapeake and Ohio Railway Company et al., Appellants

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

May 12, 1966


Order unanimously reversed, without costs of these appeals to any party, and complaints dismissed, without costs.

Memorandum:

There were presented no issues of material fact. The infant plaintiff, while upon the railroad right-of-way and attempting to board the Chesapeake and Ohio train, was a trespasser. There was no duty owed to him by either defendant that was violated. (Lo Casto v. Long Is. R. R. Co., 6 N.Y.2d 470

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