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MERRIMAN v. BAKER

42 A.D.2d 438 (1973)

Marilee Merriman, Individually and as Mother and Natural Guardian of Christine Carrico, an Infant, et al., Respondents-Appellants, v. George P. Baker et al., as Trustees of The Property of Penn Central Transportation Company, Appellants-Respondents

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

October 31, 1973.

Attorney(s) appearing for the Case

Harris, Beach & Wilcox (William L. Dorr of counsel), for appellants-respondents.

Carl W. Dengel for respondents-appellants.

DEL VECCHIO, J. P., and SIMONS, J., concur with CARDAMONE, J.; MARSH, J., dissents and votes to reverse the judgment and dismiss the complaint, in an opinion, in which MOULE, J., concurs.

CARDAMONE, J.

On March 10, 1971, the 20-year-old infant plaintiff, Christine Carrico, while walking on the abandoned passenger platform of the defendant, Penn Central Transportation Company in Auburn, New York, slipped and fell beneath the wheels of a passing train, losing both of her legs below the knee. From a jury verdict awarding her $175,000 and $25,000 to her mother for medical expenses and loss of her...

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