Helring v. Delaware & Hudson Co.

(after stating the facts as above).

The action of the trial court in refusing to submit this case to the jury requires the rights of these parties to be determined on the basis of Helring’s having been killed without warning by defendant’s engine when operated with no lookout at a time when Helring was on the defendant’s right of way because he chose to go there in the performance of the duties of his employment, although there was no necessity for his being there at all. Granted that his inquiry of Davis was necessary and that he had to go to Davis to make it, there was still no need for him…