New York, N. H. & H. R. v. Pontillo
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the District of Connecticut; James E. Martin, Judge. Action by Rosie Pontillo, as administratrix of Angelo Pontillo, deceased, against the New York, New Haven & Hartford Railroad Company. The action was brought under the federal Employers’ Liability Act (Act April 22, 1908, c. 149, 35 Stat. 65 [U. S. Comp.
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In Error to the District Court of the United States for the District of Connecticut; James E. Martin, Judge. Action by Rosie Pontillo, as administratrix of Angelo Pontillo, deceased, against the New York, New Haven & Hartford Railroad Company. The action was brought under the federal Employers’ Liability Act (Act April 22, 1908, c. 149, 35 Stat. 65 [U. S. Comp. St. Supp. 1911, p. 1322]) to recover for defendant’s alleged negligence in causing the death of plaintiff’s intestate, who, at the time he was killed, was a track walker on defendant’s road at Hartford, Conn. A verdict for $4,000 was…
1Opinion of the Court
COXE, Circuit Judge.
Angelo Pontillo, the plaintiff’s intestate, had been a track walker for about 12 years. On the day of the accident he was walking in the middle of1 the space between the main track, on which the engine which killed him was approaching, and a siding. His back was towards the engine and at no time did he look behind him. The space between the two tracks was between 7 and 8 feet. The engine which struck him was drawing the regular train from Danbury to Hartford. The train was running on time and at the usual speed of about 15 miles an hour. As the track curved, the engineer,…
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