New York, O. & W. R. v. Oles

MANTON, Circuit Judge.

The defendant in error, while in the service of the plaintiff in error, was engaged in work in interstate commerce on October 6, 1922, as a brakeman on the north-bound freight train, consisting of four cars, an engine, and caboose. It stopped at Mountaindale, Sullivan county,-N. Y., to permit the crew to pick up an empty box car and attach it to the train. At this point there were two parallel tracks, 8 feet apart, and extending north and south. Extending on the east and west sides of these two main tracks there was a siding and switches, and cross-overs permitting…