Eckert v. Long Island R.R.
Court of Appeals of New York
43 N.Y. 502 (1871)
Relevant factsFree
Eckert's decedent was struck and killed by a Long Island Railroad (defendant) train while running to push a child off the tracks; the plaintiff alleged the train was traveling negligently fast for the residential area, while the railroad claimed a slower speed, proper warnings, and that the child was actually on a side track, arguing the decedent's own contributory negligence caused the accident. A jury found for Eckert, and the railroad appealed.
IssueFree
Whether an act or omission designed to preserve human life may give rise to liability for negligence.