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ORDONEZ v. LONG ISLAND R.R. CO.

112 A.D.2d 923 (1985)

John Ordonez, an Infant, by His Father and Natural Guardian, Eloy Ordonez, et al., Appellants, v. Long Island Railroad Company, Respondent

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

August 5, 1985

Judgment affirmed, with costs.

This action arises out of an accident which occurred on June 18, 1974, when the infant plaintiff John Ordonez made contact with an electrified third rail while holding a metal bar. As such, liability is governed by the contributory negligence rule (see, CPLR 1413), and plaintiffs are thus barred from recovery if the infant plaintiff's actions were at all contributorily negligent.

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