Davis v. New York, New Haven, & Hartford Railroad

This is an action for personal injuries. The plaintiff was run down by a train while he was repairing a track for the defendant, doing work which required him to bend over. He was facing north, and the trains came from the south, so that, as he contended, he had to rely on others to warn him of their approach. It was the duty of the foreman of his gang, or section boss, as he was called, to warn him. The plaintiff went to trial on two counts under the employer’s liability act, St. 1887, c. 270, the second count alleging that the foreman, being a person intrusted with and exercising…