GARLOCK v. PENN CENT. TRANSP. CO.


53 A.D.2d 1006 (1976)

Laura Garlock, Individually and as Parent of Thomas Garlock, an Infant, Appellants, v. Penn Central Transportation Company, Respondent

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

July 2, 1976


Judgment unanimously reversed, on the law, and new trial granted, with costs to abide the event.

Memorandum:

Playing with companions on land adjoining defendant railroad's right of way, the plaintiff, then nine years old, sought to escape a friend, who was chasing him, by running onto defendant's tracks (four sets abreast) and climbing up on a ladder of a freight car in a train which had just come to a halt. Suddenly the car was jolted, plaintiff fell and...

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