Pellington v. Erie Railroad Co.

The opinion of the court was delivered by

Parker, J.

The appeal is from a judgment of nonsuit in an action of negligence based on the Federal Employers’ Liability act. The plaintiff’s decedent, Ira F. Pellington, was a conductor on a regular train carrying no passengers, which on January 7th, 1932, after dark, arrived in the defendant’s terminal yard at Jersey City, and came to a stop before reaching the station platforms. His duty then was to go to the administration office to make a report, and to do this it was necessary to walk ahead of his standing train into the station. As the jury could…