Price v. New York Central Railroad

The opinion of the court was delivered by

Bergen, J.

The plaintiff was a fireman in the service of the defendant on a locomotive engine, and brought this suit to recover for alleged injuries while engaged in interstate commerce, the right of action being based on the provisions of the Federal Employers’ Liability statute. The defendant’s negligence upon which its liability is charged in plaintiff’s complaint, is the careless placing of an iron bar upon another locomotive in such a position that, in passing the one on which plaintiff was working, it struck him and injured his head. Ho other…