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EACKLES v. NAT'L R.R. PASSENGER CORP.

207 A.D.2d 691 (1994)

616 N.Y.S.2d 374

Steven Eackles et al., Respondents, v. National Railroad Passenger Corporation, Doing Business as Amtrak, et al., Appellants

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

September 8, 1994

Even assuming that defendants were negligent by failing to prevent passenger entry to a train platform not actually in use, we find that the adult plaintiffs' actions in attempting to cross from that platform to another by means of climbing over a stationary train rather than using the stairways provided for that purpose was so unforeseeable as to relieve defendants of any liability (see, e.g., Fellis v Old Oaks Country Club, 163 A.D.2d 509...

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