Longacre v. Yonkers R.R. Co

In Longacre v. Yonkers R.R. Co. (236 N.Y. 119, 123, 140 N.E. 215 [1923]), the Court held that a jury had the right to determine whether employees of a railroad breached the standard of reasonable care when they failed to recognize the growing danger that two unruly children created for themselves as they ran about the railcar unrestrained. The Court reasoned that although there was no duty to operate railcars for the purpose of safely carrying unruly children, a motorman's failure to do any reasonable thing to prevent an accident could have fallen short of reasonable care. The Court wrote: "The real and full question is whether the railroad's employees when they saw two young children escaping from their attendant and running about the car ought to have done some reasonable thing to prevent such an accident as happened. It was not bound to take the particular step of closing the vestibule doors or of closing the doors leading to the platform or of driving the children back into the car or of putting them off of the car. . . . But we think that a jury had the right to say that when it failed to exercise any of them it fell short of reasonable care. Of course a railroad is not bound to construct or operate its cars for the purpose of safely carrying unruly children or drunken adults." (Id. at 124).