Miller v. Central R.

L. HAND, Circuit Judge.

The deceased was a locomotive engineer employed upon a work train, a “work extra,” of the defendant, moving east on a single track between a station known as Ware-ton, in New Jersey, and another known as Tom’s River. It had been used to pick up spent rails which had been laid along the roadbed, and was carrying a gang of section men, who had been working on the track, and pulling their tool and camp cars, which had been added to the train. The deceased had turned over the operation of the locomotive to the fireman, as the rules allowed, if done under his supervision,…