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Torts Keyed to Epstein
Eckert v. Long Island R.R
Facts
Plaintiff was standing about fifty feet from Defendant’s railroad track in the afternoon of the day. A child, three or four years old was sitting or standing upon Defendant’s railroad track as the train was approaching. The train was likely to run the child over if Plaintiff, seeing the danger, had not rescued child. Plaintiff threw the child clear of the track, but continuing across the track himself, was struck by the train and died. Defendant moved for a nonsuit upon the ground that it appeared that Plaintiff’s negligence contributed to the injury. The lower court denied Defendants request and the jury found a verdict for Plaintiff. Defendant appealed
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