Harvey v. . N.Y. Cent. Hudson R.R.R. Co.

This is a plain case. It is evident that the primary cause of the injury was the neglect of the switchman, Baldwin, to properly adjust the switch after using it to pass the local freight back upon track number three. As Baldwin must be deemed to have been the co-servant of the plaintiff's intestate, the plaintiff cannot recover unless some neglect of the defendant, as principal, also contributed to produce the injury.

The plaintiff alleged, and sought to prove upon the trial, that the defendant had wrongfully and negligently intrusted the duty of switchman at that station to an incompetent and…