Dangelo v. Lake Shore & Michigan Southern Railway Co.
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Sebastiona Dangelo, as administratrix, etc., for a new trial upon a case containing exceptions, ordered to be heard, at the Appellate Division in the first instance upon a nonsuit granted by the court after a trial. at the Erie Trial Term in May, 1907.
1Opinion of the Court
Kruse, J.:
The plaintiff’s intestate was a workman on the defendant’s railroad. He was struck by a train and killed while working with twelve o1’ fourteen other men under the direction of a foreman. The men were engaged in tamping ties. The deceased was told by the foreman to get a crowbar, which was about one hundred and fifty feet away ; he walked toward the west, from which direction a train was coming, picked up the crowbar and was on his way back, but walked so near the track upon which the train was approaching that it struck him.
The train was running at the rate of about sixty miles an…
2Cases cited1 opinion
- Rich v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1906