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Jones v. Long Island Railroad

45 N.Y.S. 1142 Court N.Y. City Ct. Decision date 1897-04-28 English

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p. 1142
JONES, Appellant, v. LONG ISLAND R. CO., Respondent.
(City Court of New York, General Term.
April 28, 1897.)

Headnote

Action by Elias Jones, an infant, against the Long Island Railroad Company.
Max Altmayer, for appellant.
William J. Kelly, for respondent.

We think the evidence above shows that the plaintiff was guilty of contributory negligence. He had no right to take the place occupied by him while the defendant’s train was going at a high rate of speed. The complaint was dismissed because of the plaintiff’s negligence, and rightfully so, we think, and therefore judgment is affirmed, with costs.