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HILLMAN v. PENN CENT. CORP.

204 A.D.2d 902 (1994)

612 N.Y.S.2d 489

John Hillman et al., Individually and as Natural Guardians of Frank Hillman, an Infant, Respondents, v. Penn Central Corporation, Appellant

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

May 19, 1994

Peters, J.

In 1981 or 1982, defendant abandoned a railroad line in Chemung County and removed the tracks, ties and bridges. The railroad line had been constructed on an elevated berm resulting in a gully approximately 12 feet wide and 15 feet deep after a bridge was removed. The railroad line was thereafter opened to the public for recreational use. On May 8, 1988, while riding a motorcycle second in line with three other companions, Frank Hillman, then...

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