Dunn v. . N.Y.C. H.R.R.R. Co.

The plaintiff's intestate was killed while engaged as a locomotive engineer in running a heavy freight train easterly on the West Shore railroad at a point where there is but a single track. The engine which was being driven by the intestate came into collision with one of the cars of a west-going train which was passing from such track upon a side track pursuant to orders given to its engineer to enable the train run by the intestate to pass. The west-going train consisted of about eighty cars and it had all passed upon the side track except about five cars when the collision occurred which…