CAMACHO v. CONRAIL


156 A.D.2d 317 (1989)

Elpidio Camacho, Jr., et al., Respondents, v. Conrail, Appellant, et al., Defendants

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

December 28, 1989


The 12-year-old child was found contributorily negligent for entering Conrail's Melrose station and jumping on the slow-moving freight cars, to ride from one end of the platform to the other. However, we reject Conrail's contention that the infant's conduct constituted an intervening or superseding act between Conrail's negligence, in failing to properly secure the premises although on notice that school children frequently played on the tracks, and the accident. When "the...

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