Grybowski v. Erie Railroad

The opinion of the court was delivered by

Gummere, Chief Justice.

This action was based upon the federal statute of April 22d, 1908, entitled “An act relating to the liability of common carriers by railroad to their employes in certain cases.” The plaintiffs intestate, on January 11th, 1912, while in the employ of the railroad company at its ashpit, in its Jersey City terminal yard, was run over and killed by a locomotive engine. This ashpit was constructed between and underneath certain of the yard tracks, and incoming locomotives were moved over it so that the ashes which had accumulated…