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Pakulski v. New York Central & Hudson River Railroad

153 N.Y.S. 1131 Court N.Y. App. Div. Decision date 1915-04-28 English

Decision Majority — PER CURIAM. · Dissent — FOOTE, J.,

Contents
p. 1131
PAKULSKI, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
April 28, 1915.)

Headnote

Action by Vincent Pakulski, an infant, etc., against the New York Central & Hudson River Railroad Company.

Judgment and order affirmed, with costs.

dissents, upon the ground that the plaintiff was himself negligent as matter of law, since there was no emergency, invitation, or urgent motive to excuse his attempt to board defendant’s moving train.