New York Court of Appeals

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

March 22, 1887105 N.Y. 164

Summary

The New York Court of Appeals reversed the judgment, holding that the railroad was not negligent because the engineer exercised reasonable diligence after discovering the infant and was not required to stop the train immediately. The court also noted that the plaintiff must affirmatively show an omission by the railroad, which the evidence failed to do.