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TROST v. METRO-NORTH COMMUTER R.R.

152 A.D.2d 731 (1989)

Karen M. Trost, Individually and as Administratrix of The Estate of David Trost, Deceased, Plaintiff, v. Metro-North Commuter Railroad et al., Respondents, and Donald L. Trost, Jr., Appellant

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

July 31, 1989

Ordered that the order is affirmed insofar as appealed from, with costs.

On June 10, 1984, the defendant Donald L. Trost, Jr. took his 11-year-old son, David, fishing near a railroad trestle over the Fishkill Creek, in Dutchess County. David left his father in order to retrieve a fishing pole from their car. He started to cross the railroad trestle when a southbound Amtrak train came into view. Although David attempted to...

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