Caffi v. New York Central & Hudson River Railroad

The plaintiff, while present at the defendant’s railroad yard, in the course of his employment by an independent contractor, was struck by the tender of a locomotive which, as he claims, had approached without lights or sign of warning, the accident having occurred in the night time and with more or less obscurity in the condition of artificial light. Ine issue of fact as to whether the tender carried a light, would seem to have been given too scant importance by the justice, so far as his stated grounds of decision would indicate. The defendant owed this plaintiff a duty of using reasonable…