Lehigh Valley R. v. McGranahan

HAND, Circuit Judg-e.

The plaintiff was a brakeman at work in the Jersey City yards of the defendant on January 27, 1921. He had been in its steady employ since 1910, and for the preceding four months had worked in these same yards. The accident happened at night, as follows: The crew, which consisted of an engineer, a fireman, two brakemen, and a conductor, were drilling freight ears in the yard. Next to the engine was an open flat car, called a “pusher,” with which it was the habit to push ears upon floats in the Hudson river. A train of 11 freight cars was backed down one track by the…