New York Cent. R. v. Dunbar

MANTON, Circuit Judge.

The defendant in error at the time of his injury, for which he sues, was engaged - in interstate commerce in the service of the plaintiff in error. He, with 15 other men, were reconstructing a railroad trestle near Amsterdam, N. Y. Some timbers were unloaded from a flat car and put out upon the trestle on the morning in question. There was a foreman in charge of this gang of men. It was intended to use the timbers to repair sills at the bottom of the trestle. , One of these timbers, weighing about 1,600 pounds, was placed upon the ties at the top of the trestle, and the…