James Walter Chrystal, an Infant, by Guardian v. the Troy and Boston Railroad Company, Appellant

Summary

The New York Court of Appeals reversed the judgment and granted a new trial, holding that the evidence did not establish negligence by the railroad and that an engineer is not required to stop his train immediately upon sighting a child. The court affirmed that the railroad's duty is to exercise reasonable diligence after discovering a peril, and that the mother's alleged negligence was not proven. Justice Peckham, in a concurring opinion, argued that the evidence exonerating the mother was so incredible it should not have been submitted to the jury.